PROPOSED RULES
COMMISSION
Original Notice.
Preproposal statement of inquiry was filed as WSR 99-09-027.
Title of Rule: Chapter 480-120 WAC, Telecommunications -- Operations.
Purpose: To conduct a general revision of the rules and to implement the requirements of Executive Order 97-02, requiring agencies to review significant rules for need, effectiveness and efficiency, clarity, intent and statutory authority, cost and fairness. This included reviewing whether current rules provided the results that they were originally intended to achieve and whether the rules are consistent with laws and with appropriate and lawful policies.
Statutory Authority for Adoption: RCW 80.01.040 General, 80.04.160 Utility -- Rules and regulations.
Statute Being Implemented: RCW 80.04.300 through 80.04.330.
Summary: See Explanation of Rule below.
Reasons Supporting Proposal: The proposed rule revisions improve the effectiveness of the rules, and ensure that they are serving their intended purpose. The proposed revisions are a result of five stakeholder workshops held May 1999, March, April and May 2000, written comments filed, and discussions with stakeholders and staff.
Name of Agency Personnel Responsible for Drafting: Bob Shirley, 1300 South Evergreen Park Drive S.W., Olympia, WA 98503, (360) 664-1292; Implementation and Enforcement: Carole J. Washburn, Secretary, 1300 South Evergreen Park Drive S.W., Olympia, WA 98503, (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: All provisions currently codified in chapter 480-120 WAC are under review. The review, under Docket No. UT-990146, considers whether substantive changes or additional rules are required. Current rules have been reviewed to consider whether they provide the results that they were originally intended to achieve and whether the rules are consistent with laws and with appropriate and lawful policies. New rules have been added to ensure clear communication of policies, processes, and procedures or to provide information important to regulated companies and the customers they serve.
Sixteen rules are being proposed for amendment, repeal, or adoption.
WAC 480-120-011 Application of rules, amends rule to state that the chapter is applicable to all telecommunications companies, and adds that the chapter is applicable to customers and applicants for service.
WAC 480-120-015 Exemptions from rules, new section to provide guidelines for evaluating requests for exemptions from rules.
WAC 480-120-016 Additional requirements, amends rule to state that additional or different requirements may be imposed, when lawful, in individual matters.
WAC 480-120-017 Severability, new section to provide that if one section of the chapter is held invalid, the remainder of the chapter remains valid.
WAC 480-120-026 Tariffs, amended to include a cross-reference to chapter 480-80 WAC, Tariffs.
WAC 480-120-028 Registration, new section to cross-reference to chapter 480-121 WAC, Registration, competitive classification and price lists of telecommunications companies.
WAC 480-120-029 Accounting requirements for competitively classified companies, new section to define accounting requirements for competitively classified companies.
WAC 480-120-033 Reporting requirements for competitively classified companies, amended to define reporting requirements for competitively classified companies.
WAC 480-120-036 Finance -- Securities, affiliated interests, transfer of property, repealed, subject addressed in chapter 480-146 WAC.
WAC 480-120-049 Access to premises, new section stating when and how industry may gain access to customer premises.
WAC 480-120-076 Underground, repealed, no longer applicable in today's environment.
WAC 480-120-091 Farmer lines, repealed, no longer applicable in today's environment.
WAC 480-120-096 Grounded circuits, repealed, no longer applicable in today's environment.
WAC 480-120-136 Retention and preservation of records and reports, amended to clarify language.
WAC 480-120-530 Emergency services, amended to clarify language.
WAC 480-120-531 Emergency operation, new section to define and clarify industry emergency requirements.
Proposal Changes the Following Existing Rules: See above.
Administrative or General Rules in Chapter 480-120 WAC: WAC 480-120-011, 480-120-015, 480-120-016, 480-120-017, 480-120-026, and 480-120-028, the objective of these rules is to make the chapter more informative for users. The rules contain information referred to in other sources such as, but not limited to: Statutes, commission policies, commission orders, and interpretive statements. These sources are not always easily available to the public. Adopting rules in this chapter makes the information readily available. Cross-references to the other sources makes it easier for users to research issues further should they wish to do so.
Rules added or amended for reasons in addition to clarity: WAC 480-120-029, 480-120-033, 480-120-049, 480-120-136, 480-120-530, and 480-120-531, rules were added or updated to include reporting requirements, information regarding administrative sanctions, and emergency procedures.
Rules deleted that have no present application: WAC 480-120-036, provided guidelines for a utility if planning to issue securities, create liens, or transfer property; WAC 480-120-076, provided guidelines covering underground facilities; WAC 480-120-091, switching service, maintenance of farmer lines and equipment; and WAC 480-120-096, described conditions for current or converted grounded telephone lines.
A small business economic impact statement has been prepared under chapter 19.85 RCW.
Summary of the Proposed Amendments: The several rules proposed for adoption cover a variety of topics, including the applicability of the rules, accounting treatment of earnings, and the deletion of several technical requirements (e.g. grounded circuits rule).
Purpose and Process: RCW 19.85.040 requires that the economic impacts of proposed rules on small companies be compared with the economic impacts of proposed rules on the largest companies, or those which comprise the top 10% of the affected industry. RCW 19.85.020 defines small companies as those that have fifty or fewer employees.
On November 7, 2000, commission staff sent out a Small Business Economic Impact Statement Questionnaire (Attachment A) to all local and competitive telephone companies registered in the state.
Responses were requested by November 21, 2000, and received from thirteen telecommunications companies, three of which indicated they are small businesses (Attachment B).1
The small telephone companies provided little information from which the commission could determine that there would be significant costs for them to comply with the amended rules. All three indicated no cost or minimal cost.
Cost of Compliance: One small business indicated that it could cost $500 to file a tariff or price list, but also indicated it has no customers in Washington. Another indicated it could cost $140.00 to file a tariff or price list; another indicated the proposed rules would impose "no real costs."
One large business indicated it might cost $100.00 to file a tariff or price list and all others indicated no costs or left the answer blank. One company indicated it could cost $1000.00 dollars to notify customers if necessary.
The proposed rules do not add filing requirements. Consequently, the costs identified are not incremental costs resulting from adoption of the proposed rules.
Comparison of Costs: The cost of implementation of the proposed rules were indicated to be small or nonexistent for both small and large businesses. Nothing in the responses indicated a disproportionate impact on small businesses.
Lost Sales or Revenue: None of the proposed changes would result in loss of sales or revenue.
Impact of Proposed Amendments: These amendments received little comment and the responses to the SBEIS questionnaire indicates that all companies consider the impact will be negligible.
Conclusion: Thirteen companies out of over 500 registered companies responded to the SBEIS request. The impact that can be ascertained from the response is that the expected costs are negligible for all companies.
SBEIS Questionnaire for All Telecommunications Companies
Regulatory Review of Telecommunications Rules
Docket UT-990146
Company Contact:
Contact Telephone:
| 1. | Does your company employ: Fewer than 51 people?____ More than 50?____ |
| 2. | Would compliance with this rule cause a loss of sales? _____Yes ______No |
| If "Yes," what type of sales would be lost and why would those be lost? |
| 3. | Would compliance with this rule cause a loss of revenue? ______Yes ______No |
| If "yes," what type of revenue would be lost, and why would that revenue be lost? |
| 4. | Would sales increase? Yes_____ No_____ |
| What type of sales would increase and approximately how much? |
| 5. | Would revenue increase? Yes______No______ |
| What type of revenue would increase and approximately how much? |
| 6. | Would expenses increase? Yes_____No_____ |
| What type of expenses would increase and approximately how much? |
| 7. | For the purposes of this rule, approximately how much would it cost your company to: |
| File a Tariff or Price List: $___________ |
| Notify Customers $___________ |
| Make Billing Changes $____________ |
| Other (please specify) $____________ |
Thank you for your participation. If you have any questions, please contact Bob Shirley at (360) 664-1292. You may FAX your response to (360) 586-1150.
PLEASE Return Questionnaire to the Commission not later than
November 22, 2000.
Responses to the Small Business Economic Impact Statement Questionnaire were received from the following telecommunications companies: Avista Communications; PaeTec Communications, Inc.; Alaska Fiber Star, LLC; Norstan Network Services, Inc.; Eagle Communications; Adelphia Business Solutions Operations, Inc.; MCI WorldCom, Inc.; OneStar Long Distance, Inc.; Qwest Corporation; Covad Communications Company; CenturyTel Long Distance, Inc.*; IG2, Inc.*; and Nations Bell, Inc. - d/b/a Nations Tel*.
*Companies indicating they are small businesses.
1 One of the respondents that indicated it is a small business is a Washington-based affiliate of an incumbent local exchange company that
operates in twenty or more states.
A copy of the statement may be obtained by writing to Carole Washburn, Secretary, Washington Utilities and Transportation Commission, 1300 South Evergreen Park Drive S.W., P.O. Box 47250, Olympia, WA 98504, phone (360) 664-1292, fax (360) 586-1150.
RCW 34.05.328 does not apply to this rule adoption. The commission is not an agency to which RCW 34.05.328 applies. This rule making is not a type that would be subject to the requirements of this statute.
Hearing Location: Commission Hearing Room, Second Floor, Chandler Plaza Building, 1300 South Evergreen Park Drive S.W., Olympia, WA 98504, on March 14, 2001, at 9:30 a.m.
Assistance for Persons with Disabilities: Contact Pat Valentine by March 13, 2001, TDD (360) 586-8203, or (360) 664-1133.
Submit Written Comments to: Carole J. Washburn, Secretary, P.O. Box 47250, Olympia, WA 98504, or e-mail records@wutc.wa.gov, fax (360) 586-1150, by February 8, 2001. Please include Docket No. UT-990146 in your communication.
Date of Intended Adoption: March 14, 2001.
January 18, 2001
Carole J. Washburn
Secretary
OTS-4596.1
AMENDATORY SECTION(Amending Order R-242, filed 11/7/85)
WAC 480-120-011
Application of rules.
((These)) (1) The
rules ((and regulations shall govern the furnishing of intrastate
telecommunications service and facilities to the public by
telecommunications companies)) in this chapter apply to any
company that is subject to the jurisdiction of the commission((,
such public service company hereinafter referred to as "utility."
The purpose of these rules is to set forth reasonable service
standards to the end that modern, adequate, efficient and
sufficient telecommunications service will be rendered to the
public)) under RCW 80.04.010 and chapter 80.36 RCW.
(2) The effective tariff provisions filed by ((utilities))
companies shall conform to these rules. ((In event of)) The
commission's acceptance of a tariff ((which is in conflict)) that
conflicts with these rules((, such acceptance will not be
deemed)) does not constitute a waiver of these rules. Tariffs
((which are in)) that conflict with these rules are ((hereby))
superseded by these rules unless the commission authorizes the
deviation in writing.
((Cases of erroneous or doubtful interpretation of these
rules by a utility or subscriber are subject to appeal to the
commission by any interested and proper party affected.
Upon proper showing of any utility, the commission may waive or modify, as to that utility, the provisions of any rules herein, except when such provisions are fixed by statute.)) (3) Any affected person may ask the commission to review the interpretation of these rules by a utility or customer by posing an informal complaint under WAC 480-09-150, Informal complaints, or by filing a formal complaint under WAC 480-09-420, Pleading and briefs -- Application for authority -- Protests.
No deviation ((of)) from these rules ((will be)) is
permitted without written authorization by the commission. Violation((s)) will be subject to ((the)) penalty provisions of
chapter 80.04 RCW.
[Statutory Authority: RCW 80.01.040 and 1985 c 450. 85-23-001 (Order R-242, Cause No. U-85-56), 480-120-011, filed 11/7/85; Order R-25, 480-120-011, filed 5/5/71. Formerly WAC 480-120-010.]
(2) To request a rule exemption, a person must file with the commission a written request identifying the rule for which an exemption is sought, giving a full explanation of the reason for requesting the exemption.
(3) The commission will assign the request a docket number, if it does not arise in an existing docket, and will schedule the request for consideration at one of its regularly scheduled open meetings or, if appropriate under chapter 34.05 RCW, in an adjudication. The commission will notify the person requesting the exemption, and other interested persons, of the date of the hearing or open meeting when the commission will consider the request.
(4) In determining whether to grant the request, the commission may consider whether application of the rule would impose undue hardship on the requesting person, of a degree or a kind different from hardships imposed on other similarly situated persons, and whether the effect of applying the rule would be contrary to the purposes of the rule.
(5) The commission will enter an order granting or denying the request, or setting it for hearing, pursuant to chapter 480-09 WAC.
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(2) The commission retains the authority to impose additional or different requirements on any telecommunications company in appropriate circumstances, consistent with the requirements of law.
[Order R-25, 480-120-016, filed 5/5/71. Formerly WAC 480-120-020.]
[Order R-25, 480-120-026, filed 5/5/71. Formerly WAC 480-120-040.]
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(2) In addition to accounting for lobbying and other political expenses in accordance with the applicable system of accounts, every public service company incurring any direct or indirect expense associated with or in furtherance of any political information or political education activity, shall account for such costs separately in a nonoperating expense account. No such expense shall be permitted for ratemaking purposes.)) (1) The commission will not allow either direct or indirect expenditures for political or legislative activities for rate-making purposes.
(2) For purposes of this rule political or legislative activities include, but are not limited to:
(a) Encouraging support or opposition to ballot measures, legislation, candidates for a public office, or current public office holders;
(b) Soliciting support for or contributing to political action committees;
(c) Gathering data for mailing lists that are generated for the purposes of encouraging support for or opposition to ballot measures, legislation, candidates for public office, or current office holders, or encouraging support for or contributions to political action committees;
(d) Soliciting contributions or recruiting volunteers to assist in the activities set forth in (a) through (c) of this subsection.
(3) Political or legislative activities do not include activities directly related to appearances before regulatory or local governmental bodies necessary for the utility's operations.
[Statutory Authority: RCW 80.01.040. 86-04-072 (Order R-251, Cause No. U-85-78), 480-120-032, filed 2/5/86.]
(1) Complete both forms, file them with the commission, and pay its regulatory fee, no later than May 1st of each year;
(2) Provide total number of access lines as required on the annual report form;
(3) Provide income statement and balance sheet for total company; and
(4) Provide revenues for Washington and Washington intrastate operations subject to commission jurisdiction.
[Statutory Authority: RCW 80.01.040. 90-01-058 (Order R-313, Docket No. U-89-3099-R), 480-120-033, filed 12/15/89, effective 1/15/90; 86-14-049 (Order R-247, Cause No. U-86-31), 480-120-033, filed 6/27/86.]
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(2) All records and reports required by these rules shall be retained on file in the office of the utility or in such other place as may be approved by the commission, for such time as is specifically provided in paragraph (1) and where no time is specified, for a period of three years.
(3) No records shall be destroyed prior to the expiration of such time or period specified in paragraphs (1) and (2) above, except by prior written permission of this commission.)) (1) Telecommunications companies must keep all records and reports required by these rules or commission order for three years unless otherwise specified in subsection (2) of this section. No records may be destroyed before the expiration of three years or the time specified in subsection (2) of this section, whichever is applicable.
(2) Telecommunications companies must adhere to the retention requirements of Title 47, Code of Federal Regulations, Part 42, Preservation of Records of Communication Common Carriers published by the Federal Communications Commission. The effective date is stated in WAC 480-120-999.
[Statutory Authority: RCW 80.01.040. 91-09-039 (Order R-343, Docket No. UT-901585), 480-120-136, filed 4/15/91, effective 5/16/91; Order R-25, 480-120-136, filed 5/5/71. Formerly WAC 480-120-080 and 480-120-190.]
(a) The circuit is carried by a transmission system (e.g.,
T-1 carrier) that is equipped with one or more alarms to detect
loss of signal continuity; ((or))
(b) The circuit is equipped with one or more alarms to detect loss of signal continuity; or
(c) The circuit is automatically tested for signal continuity at least once every twenty-four hours.
(2) Any dedicated 911 circuit found to be defective
((shall)) must be immediately reported to the primary public
safety answering point (PSAP) manager, and repairs ((shall)) must
be undertaken promptly and pursued diligently by the
((telecommunications)) company ((which)) that has responsibility
for operating ((and/)) or maintaining the circuit, or both. ((Nothing in this section shall be construed to require any
telecommunications company)) Companies are not required to ((test
or)) repair any portion of any dedicated 911 circuit ((which is))
that they do not ((owned, operated,)) own, operate, or
((otherwise maintained by it)) maintain.
(((2) Each local exchange company shall develop and
institute by April 1, 1993, a circuit identification and
protection program for dedicated 911 circuits. The program shall
be fully implemented by July 1994. This program shall)) (3) Each
company must ensure that all dedicated 911 circuits and
associated electronic equipment serving governmental emergency
response agencies are clearly identified ((as such)) in ((every))
the central office and the remote switch.
[Statutory Authority: RCW 80.01.040. 95-09-002 (Order R-428, Docket No. UT-941292), 480-120-530, filed 4/6/95, effective 5/7/95; 93-06-055 (Order R-384, Docket No. UT-921192), 480-120-530, filed 2/26/93, effective 3/29/93.]
(a) The titles and telephone numbers of the company's disaster services coordinator and alternates; and
(b) Upon request of the commission, the company's current plans for emergency operation, including current plans for recovery of service to governmental disaster recovery response agencies within the state of Washington.
(2) For coordination of disaster response and recovery operations, each company must maintain on file with the Washington state emergency management division the titles and telephone numbers of the managers of the company's:
(a) Local network operations center;
(b) Regional network operations center; or
(c) Emergency operations center.
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The following sections of the Washington Administrative Code are repealed:
| WAC 480-120-036 | Finance -- Securities, affiliated interests, transfer of property. |
| WAC 480-120-076 | Underground. |
| WAC 480-120-091 | Farmer lines. |
| WAC 480-120-096 | Grounded circuits. |