Agenda Date: May 30, 2000 Item Number: Dockets: UT-000248, UT-000257, UT-000258 Company Name: TeleDistance, Inc. Qwest Communications Corporation LCI International Telecom Corp. USLD Communications, Inc. Phoenix Network, Inc. Staff: Tani Thurston, Consumer Program Specialist Fred Ottavelli, Senior Policy Strategist Teri Wallace, Regulatory Specialist Tami Schultz, Regulatory Specialist Kristen Russell, Telecommunications Policy Specialist Penny Hansen, Public Involvement Coordinator Jacob Wexler, Telecommunications Policy Specialist Vicki Elliott, Consumer Affairs Manager Recommendation: Issue an Order in Docket UT-000248 approving the application and petition of TeleDistance, Inc., for registration as a telecommunications company and classification as a competitive telecommunications company. Issue an Order in Docket UT-000257 approving the petition request for a waiver of WAC 480-120-139, Changes in local exchange and intrastate toll services. Take no action on Docket UT-000258, since applicants are competitively classified, no approval is required. Discussion: In order to comply with Section 271 of the Communications Act of 1934, as amended in 1996, Qwest Communications International, Inc. (Qwest), must divest itself of all prohibited interLATA services prior to the consummation of its proposed merger with U S WEST Communications, Inc. (U S WEST). The following filings were made to accomplish the divestiture in the state of Washington. Docket UT-000248 is an application and petition to register and competitively classify TeleDistance, Inc. (TeleDistance), as a competitive telecommunications company in the state of Washington. TeleDistance has filed an initial price list with the same rates, terms and conditions currently contained in the price lists of Qwest Communications Corporation (QCC), LCI International Telecom Corp. (LCI), USLD Communications, Inc. (USLD), and Phoenix Network, Inc. (Phoenix). Docket UT-000258 notifies the Commission of the assignment of selected assets and customers from the Qwest subsidiaries’ QCC, LCI, USLD and Phoenix (collectively the Qwest Subs) to TeleDistance. The Qwest Subs, are currently registered telecommunications companies in the state of Washington. Prior to the U S WEST/Qwest merger Touch America, Inc., will purchase the stock of TeleDistance Holdings, Inc. (TD Holdings), a wholly owned subsidiary of Qwest which holds all of the stock of TeleDistance. Shortly before or after Touch America, Inc., acquires control over TD Holdings and TeleDistance the corporate name of TD Holdings will be changed to Touch America Services Holdings, Inc. (TA Holdings), and the corporate name of TeleDistance will be changed to Touch America Services, Inc. (TA Services). The transactions described above are outlined in Attachments A and B. Docket UT-000257 is a request for a waiver of WAC 480-120-139 allowing Qwest Subs to switch customers to TeleDistance without customer authorization as required by this rule. Under WAC 480-120-139, “Changes in local exchange and intrastate toll services,” TeleDistance cannot submit a change in a customer’s intrastate toll service without confirming the customer’s authorization in accordance with the requirements in this rule. Staff feels waiver is consistent with the public interest. TeleDistance and TA Services have agreed the customers will bear no charge for the transfer of their service to TeleDistance or for any ensuing change to another carrier of the customers’ choice within 60 days of the notice of the transfer. TeleDistance and TA Services agree to maintain the customers’ existing rates, terms and conditions for a period of 90 days following the consummation of the stock transfer. Conclusion: Staff recommends the Commission issue Orders in Dockets UT-000248 and UT-000257 registering TeleDistance as a competitive telecommunications company and approving a waiver of WAC 480-120-139. Attachments