PERMANENT RULES
COMMISSION
1 STATUTORY OR OTHER AUTHORITY: The Washington Utilities and Transportation Commission takes this action under Notice No. WSR 01-22-110, filed with the code reviser on November 7, 2001. The commission brings this proceeding pursuant to RCW 80.01.040 and 80.04.160.
2 STATEMENT OF COMPLIANCE: This proceeding complies with the Open Public Meetings Act (chapter 42.30 RCW), the Administrative Procedure Act (chapter 34.05 RCW), the State Register Act (chapter 34.08 RCW), the State Environmental Policy Act of 1971 (chapter 43.21C RCW), and the Regulatory Fairness Act (chapter 19.85 RCW).
3 DATE OF ADOPTION: The commission adopts this rule to be effective June 17, 2002.
4 CONCISE STATEMENT OF PURPOSE AND EFFECT OF THE RULE: RCW 34.05.325 requires that the commission prepare and provide to commenters a concise explanatory statement about an adopted rule. The statement must include the identification of the reasons for adopting the rule, a summary of the comments received regarding the proposed rule, and responses reflecting the commission's consideration of the comments.
5 The commission often includes a discussion of those matters in its rule adoption order. In addition, most rule-making proceedings involve extensive work by commission staff that includes summaries in memoranda of stakeholder comments, commission decisions, and staff recommendations in each of those areas.
6 In this docket, to avoid unnecessary duplication, the commission designates the discussion in this order as its concise explanatory statement, supplemented where not inconsistent by the staff memoranda presented at the adoption hearing and at the open meetings where the commission considered whether to begin a rule making and whether to propose adoption of specific language. Together, the documents provide a complete but concise explanation of the agency actions and its reasons for taking those actions.
7 REFERENCE TO AFFECTED RULES: This order repeals the following
sections of the Washington Administrative Code:
WAC 480-121-010 Filing of registration application, competitive classification petition, and price list.
WAC 480-121-023 When a supplemental application is required.
WAC 480-121-030 Additional information.
WAC 480-121-050 Cancellations.
WAC 480-121-070 Petition for competitive classification.
WAC 480-120-052 Prepaid calling services.
WAC 480-120-058 Protection of customer prepayments.
8 This order amends the following sections of the Washington
Administrative Code:
WAC 480-121-015 Exemptions from rules.
WAC 480-121-020 Requirements for registration applications, competitive classification petitions, and price lists.
WAC 480-121-026 Rejection of registration application, competitive classification petition, and price list.
WAC 480-121-040 Grant or denial of registration.
WAC 480-121-060 Revocation of registration.
WAC 480-121-061 Classification proceedings.
WAC 480-121-062 Content of petition for classification of competitive telecommunications services and companies.
WAC 480-121-063 Waiver of regulatory requirements for competitive telecommunications companies.
WAC 480-121-064 Investigations.
9 This order adopts the following sections of the Washington
Administrative Code:
WAC 480-121-011 Application of rules.
WAC 480-121-016 Additional requirements.
WAC 480-121-017 Severability.
WAC 480-121-018 Delivery of a filing.
WAC 480-120-127 Protecting customer prepayments.
WAC 480-120-264 Prepaid calling services.
10 PREPROPOSAL STATEMENT OF INQUIRY AND ACTIONS THEREUNDER: The commission
filed a preproposal statement of inquiry (CR-101) on December 23,
1999, at WSR 00-02-010.
11 ADDITIONAL NOTICE AND ACTIVITY PURSUANT TO PREPROPOSAL STATEMENT: The statement advised interested persons that the commission was considering entering a rule making on a comprehensive review of chapter 480-121 WAC relating to registration, competitive classification, and price lists of telecommunications companies. In addition, the statement advised interested persons that the commission would consider review of registration-related rules codified in chapter 480-120 WAC and other chapters. The commission also informed persons of the inquiry into this matter by providing notice of the subject and the CR-101 to all persons on the commission's list of persons requesting such information pursuant to RCW 34.05.320(3) and by sending notice to all regulated telecommunications companies and the commission's list of telecommunications attorneys as well as the commission's list of interested persons of telecommunications related rule makings. The commission posted the relevant rule-making information on its internet web site at www.wutc.wa.gov.
12 Prior to filing its rule proposal, the commission solicited written comments and held workshops relating to the content of rules that address registration, competitive classification, and price lists of telecommunications companies, prepaid calling services, and protection of customer prepayments. After considering and incorporating many of the suggestions made by stakeholders, the commission offered the draft proposed rules for comment.
13 MEETINGS OR WORKSHOPS; ORAL COMMENTS: The commission held three workshops to address movement of rules between chapters, incorporation of advances in technology into the registration process, suggested changes to existing rules, and the renaming of chapter 480-121 WAC. The following companies, organizations, and individuals attended some or all of the workshops: AT&T Communications of the Pacific Northwest, Inc., CenturyTel of Washington, Inc., Electric Lightwave, Inc., GTE Northwest Incorporated and GTE Communications Corporation, Janet Bernadette, Kalama Telephone Company, NEXTLINK Washington, Inc., Public Counsel, Qwest Corporation (Qwest), Sprint Corporation, Tenino Telephone Company, Verizon Northwest, Inc. (Verizon), Washington Independent Telephone Association, Washington Telecommunications Ratepayers Association for Cost-based and Equitable Rates, Whidbey Telephone Company, and WorldCom, Inc. (WorldCom).
14 All rules were discussed at the workshops. Items of greatest interest included discussions relating to electronic filing, and registration and competitive classification requirements. Agreement was reached on most issues raised by various stakeholders. Comments on which agreement was not reached are discussed below.
15 NOTICE OF PROPOSED RULE MAKING: The commission filed a notice of proposed rule making (CR-102) on November 7, 2001, at WSR 01-22-110. The commission scheduled this matter for oral comment and adoption under Notice No. WSR 01-22-110 at 9:30 a.m., Wednesday, December 12, 2001, in the Commission's Hearing Room, Second Floor, Chandler Plaza Building, 1300 South Evergreen Park Drive S.W., Olympia, WA. The notice provided interested persons the opportunity to submit written comments to the commission. On December 12, 2001, the commission continued the adoption hearing to 1:30 p.m., Wednesday, January 9, 2002.
16 COMMENTERS (WRITTEN COMMENTS): During the rule-making process, the commission called for six rounds of comments on discussion drafts of rules. Following the notice of proposed rule making (CR-102), the commission received written comments from the following companies: Qwest, Verizon, and WorldCom. Agreement was reached on most issues raised by various stakeholders. Comments on which agreement was not reached are discussed below.
17 RULE-MAKING HEARING: The original rule proposal was considered for adoption, at a rule-making hearing scheduled during the commission's regularly scheduled open public meeting on January 9, 2002, before Chairwoman Marilyn Showalter, and Commissioner Richard Hemstad, and Commission[er] Patrick J. Oshie.
18 The commission heard oral comments from Teri Wallace and Glenn Blackmon representing commission staff, Judith Endejan representing Verizon, and Theresa Jensen representing Qwest.
19 SUGGESTIONS FOR CHANGE THAT ARE REJECTED: The following suggested change to the original proposal was not adopted for the reasons explained below.
20 WAC 480-121-020(3). Qwest proposes that the commission modify the introduction in WAC 480-121-020(3) from "may" to "will." Qwest contends that WAC 480-121-020(3) appears to be written in response to RCW 80.36.350 which states that the commission may deny registration to any telecommunications company which: (1) Does not provide the information required by this section; (2) fails to provide a performance bond, if required; (3) does not possess adequate financial resources to provide the proposed service; or (4) does not possess adequate technical competency to provide the proposed service. Qwest acknowledges that the current rule also states "may" at subsection (4). Qwest argues that RCW 80.36.350 requires a showing of items one through four above. Once such a showing occurs, the commission may approve an application for registration or may deny such if the showing is inadequate. Qwest does not believe RCW 80.36.350 provides the latitude proposed in WAC 480-121-020(3).
21 The commission disagrees with Qwest's statutory interpretation and its proposal. Nothing in RCW 80.36.350 mandates the change of "may" to "will" advocated by Qwest. WAC 480-121-040 restates the statutory requirements. RCW 80.36.350 only requires applicants to include name and address of company, name and address of any registered agent, name, address and title of each officer or director, most current balance sheet, latest annual report, if any, and a description of the services it intends to offer. Any additional information is discretionary with the commission.
22 COMMISSION ACTION: After considering all of the information regarding this proposal, the commission repealed, adopted, amended the rules in the CR-102 at WSR 01-22-110 with the changes described below.
23 CHANGES FROM PROPOSAL: The commission adopted the proposal with the following changes from the text noticed at WSR 01-22-110.
24 At the request of Verizon language is added to clarify WAC 480-121-020 relating to the requirements for applications for registration, petitions for competitive classification, and initial price lists.
25 At the request of Verizon WAC 480-121-062 (5)(h) is deleted.
26 Language is revised in WAC 480-120-052 to clarify "Time of use disclosure requirements" in response to comments received by Verizon.
27 WAC 480-121-011 Application of rules is corrected to reference RCW 80.01.040 and chapter 80.04 RCW in its entirety.
28 The commission renumbered WAC 480-120-052 Prepaid calling services to WAC 480-120-264 and renumbered and retitled WAC 480-120-058 Protection of customer prepayments to WAC 480-120-127 Protecting customer prepayments.
29 Other nonsubstantive grammar and punctuation changes were made after a final review by the commission.
30 SUPPLEMENTAL NOTICE OF PROPOSED RULE MAKING: The commission filed a supplemental notice of proposed rule making (supplemental CR-102) on March 13, 2002, at WSR 02-07-041. The supplemental CR-102 carved out two rules from the original proposal filed under WSR 01-22-110. This proposal would delete WAC 480-121-020 (2)(d) and amend WAC 480-121-063 (l)(m). The commission scheduled this matter for oral comment and adoption under Notice No. WSR 02-07-041 at 9:30 a.m., Wednesday, April 24, 2002, in the Commission's Hearing Room, Second Floor, Chandler Plaza Building, 1300 South Evergreen Park Drive S.W., Olympia, WA. The notice provided interested persons the opportunity to submit written comments to the commission.
31 COMMENTERS (WRITTEN COMMENTS): Following the supplemental CR-102, the commission received written comments from Qwest that addressed issues unrelated to the two rules that are the subject of the supplemental CR-102.
32 RULE-MAKING HEARING: The supplemental rule proposal was considered for adoption, pursuant to the notice, at a rule-making hearing scheduled during the commission's regularly scheduled open public meeting on April 24, 2002, before Chairwoman Marilyn Showalter, Commissioner Richard Hemstad, and Commissioner Patrick J. Oshie.
33 The commission heard oral comments from Teri Wallace, representing commission staff, and Lisa Anderl representing Qwest.
34 SUGGESTIONS FOR CHANGE THAT ARE REJECTED: The following suggested changes to the original proposal were not adopted for the reasons explained below.
35 WAC 480-121-020 Requirements for applications for registration, petitions for competitive classification, and initial price lists. Qwest reiterates its proposal that the introduction in WAC 480-121-020(3) be modified from "may" to "will." Qwest maintains that WAC 480-121-020(3) appears to be written in response to RCW 80.36.350 and does not provide the latitude proposed at WAC 480-121-020(3). According to Qwest, RCW 80.36.350 requires the applicant to demonstrate to the commission that it possesses adequate financial resources and technical competency to provide the proposed service(s). Qwest asserts that such a demonstration is not optional.
36 The commission continues to disagree with Qwest's statutory interpretation and its proposal. Nothing in RCW 80.36.350 mandates the change of "may" to "will."
37 COMMISSION ACTION: After considering all of the information regarding this proposal, the commission repealed, amended, and adopted the rules in the CR-102 at WSR 02-07-041.
38 CHANGES FROM PROPOSAL: The commission adopted the proposal with the following changes from the text noticed at WSR 02-07-041.
39 Nonsubstantive grammar and punctuation changes were made after a final review by the commission.
40 STATEMENT OF ACTION; STATEMENT OF EFFECTIVE DATE: In reviewing the entire record, the commission determines that WAC 480-121-010, 480-121-023, 480-121-030, 480-121-050, 480-121-070, 480-120-052, and 480-120-058 should be repealed.
41 The commission determines that WAC 480-121-015, 480-121-020, 480-121-026, 480-121-040, 480-121-060, 480-121-061, 480-121-062, 480-121-063, and 480-121-064 should be amended to read as set forth in Appendix A, as rules of the Washington Utilities and Transportation Commission, to take effect on June 17, 2002.
42 The commission determines that WAC 480-121-011, 480-121-016, 480-121-017, 480-121-018, 480-120-127, and 480-120-264 should be adopted to read as set forth in Appendix A and B, as rules of the Washington Utilities and Transportation Commission, to take effect on June 17, 2002.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
44 WAC 480-121-010, 480-121-023, 480-121-030, 480-121-050, 480-121-070, 480-120-052, and 480-120-058 are repealed.
45 WAC 480-121-015, 480-121-020, 480-121-026, 480-121-040, 480-121-060, 480-121-061, 480-121-062, 480-121-063, and 480-121-064 are amended to read as set forth in Appendix A, as rules of the Washington Utilities and Transportation Commission, to take effect on June 17, 2002.
46 WAC 480-121-011, 480-121-016, 480-121-017, 480-121-018, 480-120-127, and 480-120-264 are adopted to read as set forth in Appendix A and B, as rules of the Washington Utilities and Transportation Commission, to take effect on June 17, 2002.
47 This order and the rule set out below, after being recorded in the register of the Washington Utilities and Transportation Commission, shall be forwarded to the code reviser for filing pursuant to chapters 80.01 and 34.05 RCW and chapter 1-21 WAC.
DATED at Olympia, Washington, this 14th day of May, 2002.
Washington Utilities and Transportation Commission
Marilyn Showalter, Chairwoman
Richard Hemstad, Commissioner
Patrick J. Oshie, Commissioner
OTS-5315.6
NEW SECTION
WAC 480-121-011
Application of rules.
(1) The rules in
this chapter apply to any telecommunications company that is
subject to the jurisdiction of the commission as to rates and
services under the provisions of RCW 80.01.040 and chapters 80.04
and 80.36 RCW.
(2) Price list provisions filed by telecommunications companies must conform with these rules. If the commission accepts a price list that conflicts with these rules, the acceptance does not constitute a waiver of these rules unless the commission specifically approves the variation consistent with WAC 480-121-015. Price lists that conflict with these rules without approval are superseded by these rules.
(3) Any affected person may ask the commission to review the interpretation of these rules by a telecommunications company 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 (Pleadings and briefs -- Applications for authority -- Protests).
(4) No deviation from these rules is permitted without written authorization by the commission. Violations will be subject to penalties as provided by law.
[]
(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 ((and)), giving a full explanation of the
reason for requesting the exemption ((is requested)).
(3) The commission will assign the request a docket number,
if ((needed,)) 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 petitioner, of a degree or a kind different from hardship 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.
[Statutory Authority: RCW 80.01.040. 99-13-097 (Order R-464, Docket No. UT-980083), § 480-121-015, filed 6/15/99, effective 7/16/99.]
(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.
[]
[]
(2) In person or by mail.
(a) In order to be deemed received on a given day, the commission records center must receive an original and two copies of the filing by 5:00 p.m., Pacific time.
(b) A filing delivered by mail must be free from all charges for postage. The commission records center will return any postage-due filing to the sender.
(3) Fax filing.
(a) The commission must receive an original and two copies of the filing the following business day.
(b) The commission will use the date and time the fax filing is received and printed at the records center as the official file date.
(c) The commission records center must receive a faxed filing in its entirety by 5:00 p.m., Pacific time, Monday through Friday, except on state holidays, to be considered received on that business day.
(4) Electronic filing.
(a) An electronic filing must conform to commission procedures for electronic filing.
(b) After accepting an electronic filing, the commission will return an electronic mail message noting the receipt date.
[]
(a) Be in the form prescribed by the commission;
(b) Comply with the rules set forth in chapter 480-120 WAC; and
(c) Be accompanied by the applicant's current balance sheet, latest annual report, if any, and a description of the telecommunications service it intends to offer)) and petitions for competitive classification must be in the form prescribed by the commission.
(2) ((Petitions for competitive classification must meet the
requirements of WAC 480-120-023)) Applications for registration:
(a) Must be filed with a petition for competitive classification and an initial price list unless applicant will not be subject to effective competition;
(b) Must comply with the rules set forth in chapters 480-80 and 480-120 WAC;
(c) Must be filed at the office of the commission in Olympia, Washington; and
(d) Will be assigned a docket number. All documents subsequently filed in the matter must bear that docket number.
(3) ((Price lists must meet the requirements of WAC 480-120-027.)) The commission may require, with or without
hearing, that an applicant for registration clearly show:
(a) Adequate financial resources to provide the proposed service;
(b) Adequate technical competence to provide the proposed service; and
(c) Compliance with all applicable federal, state, and local telecommunications technical and business regulations.
(4) ((As a condition to registration, with or without
hearing,)) The commission may ((require)) request that an
applicant ((clearly show that:
(a) The applicant possesses adequate financial resources to provide the proposed service;
(b) The applicant possesses adequate technical competence to provide the proposed service;
(c) The applicant is in compliance with all applicable federal, state and local telecommunications technical and business regulations.
(5) The commission may request an applicant to provide information regarding the applicant's regulatory performance in other states in which it operates.
(6) Applicants intending to collect customer prepayments must meet the requirements of WAC 480-120-058.
(7) Applicants collecting customer deposits pursuant to WAC 480-120-056 may be required to procure a bond or establish a federally insured interest-bearing trust account)) provide information regarding the applicant's regulatory performance in other states where it operates.
[Statutory Authority: RCW 80.01.040. 99-13-097 (Order R-464, Docket No. UT-980083), § 480-121-020, filed 6/15/99, effective 7/16/99. Statutory Authority: RCW 80.01.040. 85-20-002 (Order R-237, Cause No. U-85-43), § 480-121-020, filed 9/19/85.]
[Statutory Authority: RCW 80.01.040. 99-13-097 (Order R-464, Docket No. UT-980083), § 480-121-026, filed 6/15/99, effective 7/16/99.]
(a) The name and address of the company;
(b) The name and address of its registered agent, if any;
(c) Name, address, and title of each officer or director;
(d) The most current balance sheet;
(e) The latest annual report, if any; and
(f) A description of the telecommunications services it offers or intends to offer.
(2) The commission ((will)) may deny an application for
registration ((submitted by an alternate operator services
provider)) if, after hearing, the commission finds that the
((operator services offered by the company or the charges for
those services are)) application is not consistent with the
public interest or that the applicant:
(a) Failed to provide the information required by RCW 80.36.350;
(b) Failed to provide the performance bond described in RCW 80.36.350 and WAC 480-120-127, if required;
(c) Does not possess adequate financial resources to provide the proposed service; or
(d) Does not possess adequate technical competency to provide the proposed service.
(3) The commission may deny an application for registration submitted by an alternate operator services company if, after hearing, the commission finds that the services or charges offered by the company are not consistent with the public convenience and advantage.
[Statutory Authority: RCW 80.01.040. 99-13-097 (Order R-464, Docket No. UT-980083), § 480-121-040, filed 6/15/99, effective 7/16/99. Statutory Authority: RCW 80.01.040 and chapter 80.36 RCW. 90-24-090 (Order R-332, Docket No. UT-900733), § 480-121-040, filed 12/5/90, effective 1/5/91. Statutory Authority: RCW 80.01.040. 85-20-002 (Order R-237, Cause No. U-85-43), § 480-121-040, filed 9/19/85.]
(((1))) (a) File an annual report;
(((2))) (b) Pay regulatory fees;
(((3) Comply with the requirements of WAC 480-120-058;
(4))) (c) Provide adequate service;
(((5))) (d) Maintain ((correct contact information,
including)) the telecommunications company's current address and
telephone number; or
(((6))) (e) Comply with all applicable federal, state, and
local telecommunications ((and)) business and technical
regulations((; or
(7) Comply with applicable federal, state, and local technical regulations imposed on the carrier)).
[Statutory Authority: RCW 80.01.040. 99-13-097 (Order R-464, Docket No. UT-980083), § 480-121-060, filed 6/15/99, effective 7/16/99.]
(2))) Initiation of classification proceedings. A
telecommunications company ((shall initiate a)) requesting
competitive classification ((proceeding by filing)) must file a
petition with the commission. The petition must state the
effective date of the requested classification, which must be at
least thirty days after the filing date. The commission may
initiate a competitive classification proceeding on its own
motion by order instituting investigation.
(((3) Notice to affected companies and public counsel. The
commission shall serve a copy of the petition or its order upon
all telecommunications companies which may be affected by the
proceeding, and upon the public counsel section of the office of
the attorney general. Service by the commission shall be made as
provided in WAC 480-08-060(4). Alternatively, the commission may
direct petitioner to serve a copy of the petition upon such
parties as the commission directs. Service by petitioner shall
be made in accordance with WAC 480-08-060(3).
(4) Notice to customers of classification proceeding. The commission may require a telecommunications company to give notice of the pendency of the classification proceeding. The commission shall determine the manner and distribution of notice.
(5) Appearances and)) (2) Intervention. Any person desiring
to participate in a competitive classification proceeding may
petition to intervene as provided in WAC ((480-08-070))
480-09-430.
(((6) Commission may require appearance.)) (3) Additional
parties. In any competitive classification proceeding the
commission may require all regulated telecommunications companies
potentially affected by the proceeding to appear as parties to
determine ((their)) the proper classification of the affected
companies.
(((7))) (4) Burden of proof. In any competitive
classification proceeding, the telecommunications company ((shall
have)) has the burden of demonstrating that the company or
((services at issue are)) specific service(s) is subject to
effective competition. ((Effective competition means that
customers of the service have reasonably available alternatives
and that the service is not provided to a significant captive
customer base. In determining whether a service is competitive,
factors the commission shall consider include, but are not
limited to:
(a) The number and size of alternative providers of services;
(b) The extent to which services are available from alternative providers in the relevant market;
(c) The ability of alternative providers to make functionally equivalent or substitute services readily available at competitive rates, terms, and conditions; and
(d) Other indicators of market power, which may include market share, growth in market share, ease of entry, and the affiliation of providers of services.
A telecommunications company will not be classified as competitive unless it demonstrates that the telecommunications services it offers are subject to)) (5) Effective competition. Effective competition means that customers of the service(s) have reasonably available alternatives and that the company does not have a significant captive customer base for the service(s). The commission will consider the factors outlined in RCW 80.36.320 (1)(a) through (d) when determining whether a company is competitive.
(6) The competitive classification becomes effective on the stated effective date unless the commission suspends the proposed classification. If the commission suspends a proposed classification, it will enter a final order within six months from the date the petition was filed.
[Statutory Authority: RCW 80.04.160 and 80.01.040. 01-09-002 (Docket No. U-991301, General Order No. R-481), § 480-121-061, filed 4/4/01, effective 5/5/01.]
(1) The name and address of the ((petitioner)) petitioning
company;
(2) The name and telephone number of regulatory contact;
(3) A description of the services it offers;
(((3))) (4) The names and addresses of any entities
((which)) that would be classified as "affiliated interests" of
the petitioner ((pursuant to)) as defined in RCW 80.16.010; and
(((4) A statement of the services the petitioner contends
are subject to effective competition, and with respect to each
such service the following information shall be provided:)) (5) A
description of the service the petitioner proposes to classify as
competitive. With respect to each service, the petitioner must
provide the following information:
(a) A description((s)) of all functionally equivalent or
substitute services in the ((petitioner's definition of the))
relevant market ((for the service));
(b) The names and addresses of all providers of ((such)) the
services known or reasonably knowable to the petitioner;
(c) The prices, terms, and conditions under which ((such))
the services are offered by competitors to the extent known or
reasonably knowable to the petitioner;
(d) A geographical ((delineation)) description of the
relevant market;
(e) An estimate of the petitioner's market share ((and any
past or projected change in market share));
(f) A description of ease of entry into the market; and
(g) A statement of whether the petitioner has a significant
captive customer base and the basis for any contention that it
does not((;
(h) A verifiable cost of service study supporting the contention that the price or rate charged for the service covers its cost. A petition which contends that all of a company's services are competitive and does not seek classification for some services if others are denied classification is exempted from this requirement;
(i) The manner by which notice of price list changes will be provided to customers and the commission)).
[Statutory Authority: RCW 80.04.160 and 80.01.040. 01-09-002 (Docket No. U-991301, General Order No. R-481), § 480-121-062, filed 4/4/01, effective 5/5/01.]
(2) Any telecommunications company seeking competitive classification shall include as part of its petition for classification any requests for waivers of regulatory requirements. Requests for waiver not included in a classification petition shall be granted or denied in writing. The commission reserves the right to set any such request for hearing at its discretion. Any request for waiver of regulatory requirements must include a statement as to how competition will serve the same purposes as public interest regulation.
(3) The commission may revoke waivers of regulatory requirements in the same manner in which they were granted if such revocation would protect the public interest)) following regulatory requirements are waived for competitively classified companies:
(a) RCW 80.04.300 (Budgets to be filed by companies -- Supplementary budgets);
(b) RCW 80.04.310 (Commission's control over expenditures);
(c) RCW 80.04.320 (Budget rules);
(d) RCW 80.04.330 (Effect of unauthorized expenditure -- Emergencies);
(e) RCW 80.04.360 (Earnings in excess of reasonable rate -- Consideration in fixing rates);
(f) RCW 80.04.460 (Investigation of accidents);
(g) RCW 80.04.520 (lease of utility facilities);
(h) RCW 80.36.100 (Tariff schedules to be filed and open to public);
(i) RCW 80.36.110 (Tariff changes -- Statutory notice -- Exception);
(j) Chapter 80.08 RCW (Securities) (except RCW 80.08.140, State not obligated);
(k) Chapter 80.12 RCW (Transfers of property);
(l) Chapter 80.16 RCW (Affiliated interests);
(m) WAC 480-80-101 Tariff requirements through WAC 480-80-143 Special contracts for gas, electric, and water companies;
(n) Chapter 480-140 WAC (budgets);
(o) Chapter 480-143 WAC (transfers of property);
(p) Chapter 480-146 WAC (securities and affiliated interests);
(q) WAC 480-120-031 (Accounting);
(r) WAC 480-120-032 (Expenditures for political or legislative activities);
(s) WAC 480-120-043 (Notice to the public of tariff changes);
(t) WAC 480-120-046 (Service offered);
(u) WAC 480-120-131 (Reports of accidents);
(v) WAC 480-120-541 (Access charges);
(w) WAC 480-120-542 (Collective consideration of Washington intrastate rate, tariff, or service proposals); and
(x) WAC 480-120-544 (Mandatory cost changes for telecommunications companies).
This rule supersedes all waivers of regulatory requirements for competitively classified companies granted by the commission at the time of a company's competitive classification. However, subsequent to the adoption of this rule, the commission may revoke the waiver of any regulatory requirement set forth in (a) through (x) of this subsection or may waive any regulatory requirement not included in (a) through (x) of this subsection.
(2) The commission may by order revoke waivers of regulatory requirements if it determines that revocation is necessary to protect the public interest.
(3) In addition, the commission may waive regulatory requirements for telecommunications companies that it has classified as competitive if it determines that competition with the regulatory waiver will serve the same purposes as public interest regulation.
[Statutory Authority: RCW 80.04.160 and 80.01.040. 01-09-002 (Docket No. U-991301, General Order No. R-481), § 480-121-063, filed 4/4/01, effective 5/5/01.]
(2) Reclassification.)) After notice and hearing, the
commission may reclassify any competitive telecommunications
company or service if ((such)) it determines that
reclassification would protect the public interest. ((In any
such hearing the burden shall rest on)) The telecommunications
company ((to)) must demonstrate that the existing competitive
classification is proper and consistent with the public interest.
(((3) Refunds. If the commission finds after notice and
hearing that any class of subscribers to a noncompetitive
telecommunications service has paid excessive rates because of
below cost pricing of competitive telecommunications services,
the commission may order refunds or credits.))
[Statutory Authority: RCW 80.04.160 and 80.01.040. 01-09-002 (Docket No. U-991301, General Order No. R-481), § 480-121-064, filed 4/4/01, effective 5/5/01.]
The following sections of the Washington Administrative Code are repealed:
| WAC 480-121-010 | Filing of registration application, competitive classification petition, and price list. |
| WAC 480-121-023 | When a supplemental application is required. |
| WAC 480-121-030 | Additional information. |
| WAC 480-121-050 | Cancellations. |
| WAC 480-121-070 | Petition for competitive classification. |
OTS-5645.1
NEW SECTION
WAC 480-120-127
Protecting customer prepayments.
As a
precondition to registration, the commission may require a
telecommunications company to file a performance bond sufficient
to cover any prepayments it may collect from its customers, or
order that such prepayments be held in escrow or trust, as stated
in RCW 80.36.350.
[]
(a) PPCS may require the use of an access number or authorization code.
(b) This section excludes credit cards and cash equivalent cards. Services provided at pay telephones using these cards are regulated under the provisions of WAC 480-120-138.
(2) PPCS providers must provide customers a without-charge telephone number staffed by personnel capable of:
(a) Responding to technical problems or questions related to their service twenty-four hours a day, seven days a week;
(b) Responding to general account-related questions during regular business hours; and
(c) Providing the commission's toll-free number and address to dissatisfied customers as required by WAC 480-120-101.
(3) Billing requirements for PPCS.
(a) A PPCS provider may charge only for the actual time a circuit is open for conversation. The price list or tariff and presale document must define billing increments. The provider must not round up the length of conversation time for less than a full billing increment beyond that full increment.
(i) If a PPCS provider uses an increment based on a time measurement, the increment must not exceed one minute.
(ii) If a PPCS provider bills usage in "unit" measurements, it must clearly define units using both equivalent dollar amounts and time measurement. Unit billing increments cannot exceed the equivalent one minute rate.
(b) At the customer's request, a PPCS provider may add additional time to an existing account in exchange for an additional payment at a rate not to exceed those on file with the commission. The PPCS provider must inform the customer of the new rates at the time of the recharge request.
(4) PPCS providers must maintain the following call-data for a minimum of twenty-four months:
(a) Dialing and signaling information that identifies the inbound access number called or the access identifier;
(b) The number of the originating phone when the information is passed to the PPCS provider;
(c) The date and time the call was originated;
(d) The duration or termination time of the call;
(e) The called number; and
(f) The personal identification number (PIN), or account number.
(5) Disclosure requirements - Prepaid calling services.
(a) A PPCS provider must disclose, prior to the sale, the following information:
(i) The PPCS provider's name as registered with the commission;
(ii) The "doing business as" name as registered with the commission, if applicable;
(iii) The maximum charge per billing increment. A PPCS provider charging varying rates for intrastate and interstate calls must provide all applicable rates. The rates disclosed must be no more than those in its price list or tariff on file with the commission at the time of purchase;
(iv) Charges for all services, including any applicable surcharges, fees, or taxes, and the method of application;
(v) Expiration date, if applicable. If a card expires after a set period of time from activation, the PPCS provider must specify the expiration date on the card. If an expiration date is not disclosed on the card it will be considered unexpired indefinitely; and
(vi) Recharge policy, if applicable. If a PPCS provider does not disclose the expiration date at the time service is recharged, the service will be considered unexpired indefinitely.
(b) A PPCS provider must disclose, at the time of purchase, the following information:
(i) The without-charge telephone number(s) a customer may use to resolve technical problems, service-related questions, and general account-related questions; and
(ii) Authorization code, if required, to access the service or, if applicable, the without-charge telephone number used to establish access capability.
(c) If the PPCS provider is not the entity that packages the services for sale to the public, it must require the company that does so, through a written agreement, to comply with the disclosure requirements of this section.
(6) Time of use disclosure requirements. The PPCS provider must:
(a) Announce at the beginning of each call the time remaining on the prepaid account or prepaid calling card; and
(b) Announce the time remaining at least one minute before the prepaid account balance is depleted.
(7) When a PPCS provider has failed to provide service at rates disclosed prior to the sale or quoted at the time an account is recharged, or the PPCS provider has failed to meet performance standards, it must provide refunds for any unused service or provide equivalent service credit when requested by a customer. Refunds or credits must equal the value remaining on the prepaid calling account. The customer may choose either the refund or equivalent service credit option.
(8) Performance standards for prepaid calling services. Each PPCS provider must ensure that:
(a) Customers can complete a minimum of ninety-eight percent of all call attempts to the called party's number. The PPCS provider will consider any busy signals or unanswered calls as completed calls.
(b) Customers can complete a minimum of ninety-eight percent of all call attempts to the PPCS provider. The PPCS provider will not consider any busy signals or unanswered calls as completed calls.
[]
OTS-5314.2
REPEALER
The following sections of the Washington Administrative Code are repealed:
| WAC 480-120-052 | Prepaid calling services. |
| WAC 480-120-058 | Protection of customer prepayments. |