WSR 13-01-068




[ Docket UT-120451 -- Filed December 18, 2012, 9:40 a.m. ]

Supplemental Notice to WSR 12-18-018.

Preproposal statement of inquiry was filed as WSR 12-09-084.

Title of Rule and Other Identifying Information: WAC 480-120-251 Directory service, this rule making proposes modifications to, or the elimination of, the requirement that local exchange companies provide each customer a copy of a telephone directory for the customer's exchange area.

Hearing Location(s): Commission Hearing Room 206, Second Floor, Richard Hemstad Building, 1300 South Evergreen Park Drive S.W., Olympia, WA 98504-7250, on February 14, 2013, at 9:30 a.m.

Date of Intended Adoption: February 14, 2013.

Submit Written Comments to: Washington Utilities and Transportation Commission, 1300 South Evergreen Park Drive S.W., P.O. Box 47250, Olympia, WA 98504-7250, e-mail, fax (360) 586-8203, by January 22, 2013. Please include: "Docket UT-120451" in your comments.

Assistance for Persons with Disabilities: Contact Debbie Aguilar by January 31, 2013, TTY (360) 586-8203 or (360) 664-1132.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposal revises the existing rule to require local exchange carriers to distribute white pages telephone directories only to customers who request them. The proposal would minimize the burden on regulated carriers to print and distribute directories and would substantially reduce the amount of waste resulting from disposal of unwanted printed directories.

The supplemental CR-102 amends the proposal so that carriers have the flexibility to comply with their obligation to make basic directory listings available to their local exchange customers either by providing those customers with access to electronic listings and making printed directories available to customers who request them, or by distributing printed directories to all customers except those who request not to receive them.

Reasons Supporting Proposal: Consumers primarily rely on the internet as a resource for telephone number listings, rendering unnecessary a requirement that companies distribute printed white pages directories except to those customers who request them. Eliminating distribution of unwanted directories also enhances environmental stewardship in cooperation with cities and municipalities by reducing the volume of paper waste that must be processed and disposed of.

Statutory Authority for Adoption: RCW 80.01.040 and 80.04.160.

Statute Being Implemented: Not applicable.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Washington utilities and transportation commission, governmental.

Name of Agency Personnel Responsible for Drafting: John Cupp, 1300 South Evergreen Park Drive S.W., Olympia, WA 98504, (360) 664-1113; Implementation and Enforcement: David W. Danner, 1300 South Evergreen Park Drive S.W., Olympia, WA 98504, (360) 664-1208.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rule will not result in or impose more than minor costs. Because there will not be more than minor increase in costs resulting from the proposed rule changes, a small business economic impact statement is not required under RCW 19.85.030(1).

A cost-benefit analysis is not required under RCW 34.05.328. The commission is not an agency to which RCW 34.05.328 applies. The proposed rule is not a significant legislative rule of the sort referenced in RCW 34.05.328(5).

December 18, 2012

David W. Danner

Executive Director

and Secretary


AMENDATORY SECTION(Amending Docket No. UT-990146, General Order No. R-507, filed 12/12/02, effective 7/1/03)

WAC 480-120-251   Directory ((service)) listings.   (((1) A local exchange company (LEC) must ensure that a telephone directory is regularly published for each local exchange it serves, listing the name, address (unless omission is requested), and primary telephone number for each customer who can be called in that local exchange and for whom subscriber list information has been provided.

(2) Any residential customer may request from the LEC a dual-name primary directory listing that contains, in addition to the customer's surname, the customer's given name or initials (or combination thereof) and either one other person with the same surname who resides at the same address or a second name, other than surname, by which the customer is also known, including the married name of a person whose spouse is deceased.

(3) A LEC must provide each customer a copy of the directory for the customer's local exchange area. If the directory provided for in subsection (1) of this section does not include the published listing of all exchanges within the customer's local calling area, the LEC must, upon request, provide at no charge a copy of the directory or directories that contain the published listing for the entire local calling area.

(4) Telephone directories published at the direction of a LEC must be revised at least once every fifteen months, except when it is known that impending service changes require rescheduling of directory revision dates. To keep directories correct and up to date, companies may revise the directories more often than specified.

(5) Each LEC that publishes a directory, or contracts for the publication of a directory, must print an informational listing (LEC name and telephone number) when one is requested by any other LEC providing service in the area covered by the directory. The LEC to whom the request is made may impose reasonable requirements on the timing and format of informational listings, provided that these requirements do not discriminate between LECs.

(6) Telephone directories published at the direction of the LEC must include a consumer information guide that details the rights and responsibilities of its customer. The guide must describe the:

(a) Process for establishing credit and determining the need and amount for deposits;

(b) Procedure by which a bill becomes delinquent;

(c) Steps that must be taken by the company to disconnect service;

(d) Washington telephone assistance program (WTAP);

(e) Federal enhanced tribal lifeline program, if applicable; and

(f) Right of the customer to pursue any dispute with the company, including the appropriate procedures within the company and then to the commission by informal or formal complaint.)) (1) Basic local exchange service includes access to directory listings comprised of the name, address, and primary telephone number for each customer that the local exchange company (LEC) serves in a local calling area unless the customer requests to exclude some or all of this information from the LEC's directory listings.

(2) A LEC must ensure that each of its basic local exchange service customers has access to directory listings for the customer's local calling area using at least one of the following means:

(a) Electronically via a document, data base, or link on the LEC's web site, provided that the LEC also distributes or arranges to distribute printed directory listings to all of the LEC's customers who request a printed directory; or

(b) In hard copy via publishing or arranging to be published a printed telephone directory that includes the directory listings and distributing that directory to the LEC's customers, provided that a printed telephone directory shall not be distributed to any customer who requests not to receive a printed directory.

(3) A LEC must establish or arrange for reasonable means for its customers to request to exclude some or all of their information from the LEC's directory listings and to request to receive, or not to receive, a printed directory.

(4) The directory listings must be updated no less frequently than every fifteen months.

[Statutory Authority: RCW 80.01.040 and 80.04.106. 03-01-065 (Docket No. UT-990146, General Order No. R-507), 480-120-251, filed 12/12/02, effective 7/1/03.]