WSR 02-12-055

PROPOSED RULES

UTILITIES AND TRANSPORTATION

COMMISSION

[ Filed May 30, 2002, 8:56 a.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 99-09-027.

     Title of Rule: Chapter 480-120 WAC, Telephone companies. The subject of these rules is telecommunications. Chapter 480-120 WAC is the commission's primary chapter for rules concerning telecommunications. This proposed chapter reflects revisions to the existing chapter after consideration of new, [no other information supplied by agency.]

     Purpose: The purpose of the proposed rules is to update current rules, codify current procedures and best-practice options, use clear language, organize the chapter by subject area, and match the rule requirements to the legislature's substantive requirements, consistent with the Governor's Executive Order 97-02.

     Other Identifying Information: Docket UT-990146, Telecommunications operations rules. This is the third CR-102 proposal in this docket. The first covered general rules and was adopted at WSR 01-15-022. The second concerned customer information rules and was filed on April 3, 2002, at WSR 02-08-081, the commission will hold a joint adoption hearing on the rules under WSR 02-08-081 and the rules filed with this CR-102.

     Statutory Authority for Adoption: RCW 80.01.040, 80.04.160, 80.36.080, 80.36.090, 80.36.100, 80.36.300, 80.36.320, 80.36.390, 80.36.400, 80.36.410, 80.36.500, 80.36.510, 80.36.520, 80.36.524, 80.36.555, 80.36.560, and 80.36.610.

     Statute Being Implemented: Chapter 80.36 RCW, Telecommunications; Title 80 RCW, Public utilities.

     Summary: The proposed rules cover nine topic areas: (1) General rules including definitions; (2) establishing service and credit; (3) payments and disputes; (4) discontinuing and restoring service; (5) posting and publication notice; (6) telecommunications services; (7) financial records and reporting; (8) safety and standards rules; and (9) adoption by reference. See Explanation of Rule below.

     Name of Agency Personnel Responsible for Drafting: Robert Shirley, 1300 South Evergreen Park Drive S.W., Olympia, WA 98504-7250, (360) 664-1292; Implementation and Enforcement: Carole J. Washburn, Secretary, 1300 South Evergreen Park Drive S.W., Olympia, WA 98504-7250, (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 rules concern telecommunications service generally. The purpose is to revise existing rules consistent with statutory changes and policy goals expressed in statute. Additionally, an effort has been made to increase clarity and to that effect they are reordered to group like-topic subjects together.

     The anticipated effect is to alter practices of companies that affect customers in an effort to insure that practices are consistent with law and in the public interest.

     Proposal Changes the Following Existing Rules: The proposal would change practices as they relate to establishing service and credit; payments and disputes; discontinuing and restoring service; posting and publication notice; telecommunications services; financial records and reporting; safety and standards rules; and adoption by reference. In addition, definitions are added, changed, and deleted.

     A small business economic impact statement has been prepared under chapter 19.85 RCW.

Small Business Economic Impact Statement
Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 02-13 issue of the Register.

     A copy of the statement may be obtained by writing to Washington Utilities and Transportation Commission, P.O. Box 47250, 1300 South Evergreen Park Drive S.W., Olympia, WA 98504-7250, phone (360) 664-1234, fax (360) 586-1150. The small business economic impact statement addresses this proposal and the remaining rules that will be filed under a subsequent proposal.

     RCW 34.05.328 does not apply to this rule adoption. The commission is not an agency to which RCW 34.05.328 applies. The proposed rules are not significant legislative rules as referenced in RCW 34.05.328(5).

     Hearing Location: Washington Utilities and Transportation Commission, Headquarters, Room 206, 1300 South Evergreen Park Drive S.W., Olympia, WA 98504-7250, on July 26, 2002, at 9:30 a.m.

     Assistance for Persons with Disabilities: Contact Mary DeYoung by Friday, July 19, 2002, TDD (360) 586-8203, or (360) 664-1133.

     Submit Written Comments to: Secretary, Docket No. UT-990146, Washington Utilities and Transportation Commission, 1300 South Evergreen Park Drive S.W., P.O. Box 47250, Olympia, WA 98504-7250, fax (360) 586-1150, by June 27, 2002.

     Date of Intended Adoption: July 26, 2002.

May 30, 2002

Carole J. Washburn

Secretary

     Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 02-13 issue of the Register.

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