BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION

       

WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION,

   Complainant,

v.

USLD COMMUNICATIONS, INC.

   Respondent.
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)	 DOCKET NO.  UT-000067
		
		
		
		 COMMISSION ORDER ACCEPTING  SETTLEMENT
		
 SUMMARY

  PROCEEDINGS: The Washington Utilities and Transportation Commission, 
proceeding on its own motion, filed a Complaint on April 12, 2000.  The 
Commission alleged in its Complaint that USLD Communications, Inc.’s service 
and billing practices violated WAC 480-120-141 and RCW 80.36.130.

  PARTIES: Jonathan Thompson, Assistant Attorney General, Olympia, Washington, 
represents Commission Staff (Staff).  Gina Spade, Hogan & Hartson, L.L.P., 
Washington, DC, represents USLD Communications, Inc. (USLD).

  SETTLEMENT AGREEMENT: On April 12, 2000, Staff and USLD (the Parties) filed 
an Agreement to Penalties and Consumer Remedies to resolve all issues raised in 
the Complaint.

  COMMISSION: The Commission accepts the Parties settlement as filed.

MEMORANDUM

  On April 12, 2000, the Commission issued a Complaint alleging violations of 
WAC 480-120-141(2)(b) and RCW 80.36.130.  The Parties have reached agreement on 
the resolution of the issues raised by the Complaint and have voluntarily 
entered into the attached Agreement to Penalties and Consumer Remedies.  The 
Agreement reflects the Parties’ proposal to the Commission for resolution of 
all outstanding issues and constitutes a settlement agreement within the 
meaning of WAC 480-09-466.

 In summary, the Agreement provides for the following actions to be taken by 
USLD to resolve the outstanding Complaint:

 • USLD represents that it has made refunds to customers for all instances in 
which it charged customers in excess of the applicable rates set out in its 
filed price list.  Staff will verify that these refunds were calculated as the 
difference between the applicable rates and surcharges, as then filed with the 
Commission, and the amount the customer was actually billed.

 • USLD agrees to full compliance with the Commission’s verbal disclosure rules 
and placarding and branding rules as set forth in WAC 480-120-141.

 • USLD agrees to assure that all billing for its services will be made in the 
name of USLD Communications, Inc.

 • USLD has filed a revised price list and agrees to keep that price list in 
place until the Staff determines that USLD is in full compliance with the 
Commission’s verbal rate disclosure rules.

 • USLD agrees to pay a penalty of $1,000,000 for statute and rule violations 
and to pay the Commission’s costs in investigating this matter.

 • USLD agrees to fund a customer education program for payphone users in the 
state of Washington.  Staff will design the program, with review and comment by 
USLD.

 The Commission finds that the Settlement Agreement fairly and equitably 
resolves all of the issues raised by the Complaint and is therefore in the 
public interest.

FINDINGS OF FACT

 1.  The Washington Utilities and Transportation Commission is an agency of the 
State of Washington, vested by statute with authority to regulate rates, 
practices, accounts, and other matters pertinent to the operation of public 
service companies, including telecommunications companies.

 2.  USLD Communications, Inc. engages in the business of providing operator 
services within Washington state as a registered telecommunications company.

 3.   On April 12, 2000, the Commission entered a Complaint in which it alleged 
that USLD Communications, Inc. had violated state law, including a Commission 
rule.

 4.  On April 12, 2000, Staff and USLD Communications, Inc. filed an Agreement 
to Penalties and Consumer Remedies to resolve all violations to date, which are 
known to Staff, of the laws cited in the Commission’s Complaint.

CONCLUSIONS OF LAW

 1.  The Washington Utilities and Transportation Commission has jurisdiction 
over the subject matter and the parties.  Chapters 80.04 and 80.36 RCW.

 2.  The Agreement to Penalties and Consumer Remedies, which is attached to 
this Order as Appendix “A” and adopted by reference in the body of this order, 
is consistent with the public interest.

 3.  The settlement fully and fairly resolves the issues pending in Docket No. 
UT-000067 and is in the public interest.  The terms of the Agreement to 
Penalties and Consumer Remedies should be approved as set out therein.

 4.  The Commission retains jurisdiction to effectuate the provisions of this 
Order.

ORDER

 THE COMMISSION ORDERS That the terms of the Agreement to Penalties and 
Consumer Remedies, as signed by counsel for the Parties, are hereby approved 
and adopted by the Commission.

 DATED at Olympia, Washington, and effective this                           day 
of  April 2000.

WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION




MARILYN SHOWALTER, Chairwoman



RICHARD HEMSTAD, Commissioner



WILLIAM R. GILLIS, Commissioner


NOTICE TO ALL PARTIES:

This is a final order of the Commission.  In addition to judicial review, 
administrative relief may be available through a petition for reconsideration 
filed within 10 days of this order’s service date pursuant to RCW 34.05.470 and 
WAC 480-09-810, and or petition for rehearing pursuant to RCW 80.04.200 or RCW 
81.04.200 and WAC 480-09-820(1).