WSR 26-14-097 (26-14)

Subject of Possible Rule Making: Regarding "universal service," the utilities and transportation commission (commission) initiates this rule making of chapter 480-123 WAC to consider amending existing rules, adopting new rules, and eliminating some existing rules. These rules relate to the federal high-cost and lifeline (low-income) programs, eligible telecommunications carriers (ETCs), and the state universal communications service (UCS) program.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The federal high-cost and low-income rules related to ETCs were last updated in March of 2015. The state UCS program was last updated in May of 2020. There has been significant activity, change, and evolution of the federal high-cost and low-income programs since these rules were last updated. Additionally, the state UCS program has expired and has not been extended such that its rules are irrelevant and outdated. Consistent with its obligation to ensure programmatic compliance, the commission has established a practice of applying certain conditions to similarly situated companies in adjudications. This formal rule making reduces the risk of uneven application of rules in the future. Accordingly, the rules need to be customized to the realities of modern programs and services in operation. This bureaucratic efficiency should help further the commission in its task of preserving affordable universal telecommunications service. Washington state participation in the low-income program is particularly low, and there exists the potential for proposed rule improvements that could encourage enrollment in the program and the further receipt of benefits for which certain low-income Washingtonians may be entitled.

Other Federal and State Agencies That Regulate this Subject and the Process Coordinating the Rule with These Agencies: The Federal Communications Commission has jurisdiction over interstate communications. The commission's rules governing intrastate telecommunications are authorized by RCW 80.36.610, the Federal Telecommunications Act of 1996, P.L. 104-104 (110 State. 56), Section 214(e), and 47 C.F.R. § 54.314. The commission will coordinate, as appropriate.

Process for Developing New Rule: The commission will follow its standard rule-making process including, but not necessarily limited to, requesting and considering written and oral comments on the subject of the rule making and drafts of proposed rules, and working with stakeholders to address any issues they may have.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Jeff Killip, Executive Director and Secretary, Washington Utilities and Transportation Commission, 621 Woodland Square Loop S.E., Lacey, WA 98503, P.O. Box 47250, Olympia, WA 98504-7250, phone 360-664-1234, email records@utc.wa.gov, website https://www.utc.wa.gov/e-filing.