Subject of Possible Rule Making: This rule-making inquiry would review WAC 480-120-450 Enhanced 9-1-1 (E911), obligations of local exchange companies, to consider, among other things, amendment of the current rule, or adoption of additional rules to address the allocation of Enhanced 911 implementation costs between local exchange telecommunications companies and Public Safety Answering Points, Docket No. UT-041629.

     Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 80.01.040, 80.04.160.

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: On September 9, 2004, the E911 Emergency Division (EMD) of the Military Department filed a petition to amend WAC 480-120-450. The EMD petition asked the commission to amend the rule to establish a uniform demarcation point in the E911 network for carrier cost recovery from Public Safety Answering Points (PSAPs). On October 29, 2004, the commission denied the petition because EMD's petition did not provide sufficient information, including proposed rule language, to initiate a rule making under RCW 34.05.320. Instead, the commission indicated that it would explore the questions raised by EMD's petition by filing a CR-101, Preproposal statement of inquiry, with the code reviser. Review of the current rule and consideration of additional rules on this subject could, among other things, establish a uniform method of allocating E-911 implementation costs between local exchange carriers and PSAPs.

     Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Military Department, Emergency Management Division.

     Process for Developing New Rule:      Agency study; the commission anticipates one or more workshops.

     Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. Interested persons may file written comments by December 10, 2004, with the Secretary, 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. Comments may also be provided by e-mail to [<]records@wutc.wa.gov>. For specific information regarding opportunities for written comment and to ensure receipt of further information concerning this rule making, please see below.

     The commission anticipates that it will host a stakeholder workshop on the subject of this rule making.

     WRITTEN COMMENTS: Written comments may be submitted to the commission at the address given above and should be filed with the commission no later than Friday, December 10, 2004.

     Electronic copies: The commission requests that comments be provided in electronic format to enhance public access, for ease of providing comments, to reduce the need for paper copies, and to facilitate quotations from the comments. Comments may be submitted by electronic mail to the Commission's Records Center at records@wutc.wa.gov. Please include:

•     The docket number of this proceeding (UT-041629).

•     The commenting party's name.

•     The title and date of the comment or comments.

     An alternative method for submitting comments may be by mailing/delivering an electronic copy on a 3 1/2 inch, IBM-formatted, high-density disk, in .pdf Adobe Acrobat format or in Word 97 or later. Include all of the information requested above. The commission will post on the commission's website all comments that are provided in electronic format. The website is located at http://www.wutc.wa.gov/041629. If you are unable to file your comments electronically or to submit them on a disk, the commission will always accept a paper document.

     Opportunity for further comment is anticipated. Information about the schedule and other aspects of the rule making, including comments, will be posted on the commission's website as it becomes available. If you wish to receive further information on this rule making you may (1) call the Commission's Records Center at (360) 664-1234, (2) e-mail the commission at <records@wutc.wa.gov>, or (3) mail written comments to the address above to the attention of Carole J. Washburn, Secretary. When contacting the commission, please refer to Docket No. UT-041629 to ensure that you are placed on the appropriate service list. Questions may be addressed to Rebecca Beaton at (360) 664-1287 or e-mail at rbeaton@wutc.wa.gov.

November 12, 2004

Carole J. Washburn

Executive Secretary

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