BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION

In the Matter of Request for Petition of Waiver of Administrative Rules 
for         
Qwest Corporation (formerly, 
U S WEST Communications, Inc.)
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		DOCKET UT-990043 
		                  ORDER GRANTING FULL AND PARTIAL TEMPORARY WAIVER OF WAC 
480-120-141(2)(b) 

On January 12, 1999, U S WEST Communications, Inc., (now, Qwest Corporation) 
filed a petition for a waiver of WAC 480-120-141(2)(b) governing operator 
services. U S WEST explained in its petition that it sought the waiver of 
certain parts of the rule because the technology was not available at that time 
to comply with the revised rule requirements. In particular, the company sought 
an extension for compliance with WAC 480-120-141(2)(b) for 15 months after the 
date of an FCC order on this very same issue to develop the technology to 
provide automatic verbal rate quotes from operator service providers serving 
pay phones. 
On September 20, 2000, Qwest filed an amendment that states the company can 
comply, in general, with the above rule section by September 30, 2000, and 
seeks a waiver until that time. The company also asks for consideration as it 
relates specifically to services from pay phones in correctional facilities. 
Qwest/U S WEST is working to implement technology that restricts inmate access 
to live operators, yet makes rate information available to the party who 
receives the collect call from an inmate. 
Qwest/U S WEST further seeks a temporary waiver of this rule until December 1, 
2000, with regard to verbal disclosure to persons receiving collect calls from 
inmate pay phones in order to deploy the technology at the facilities 
throughout the state.
DISCUSSION 
Verbal Disclosure of Rates - General
The Commission made significant changes to its pay phone and operator services 
rules in January 1999 to carry out consumer protections regarding pay phone use 
after deregulation of much of the pay phone industry at the federal level. The 
Commission's rules were revised in order to be consistent with the 
Telecommunications Act of 1996 and subsequent FCC orders relating to pay phones 
and operator services, and to ensure adequate protections for users of pay 
phones within Washington state. One of the major additions to the FCC's rules 
and subsequently the Commission's rules is the capability for a consumer to 
receive a verbal rate quote from the pay phone within no more than two key 
strokes.
Qwest/U S WEST now indicates that it can comply with the verbal rate disclosure 
by September 30, 2000. The Commission finds that Qwest/U S WEST's 
operator-assisted rates have not been a source of complaints for this 
Commission, have not harmed the public, and therefore recommends granting a 
waiver, temporarily, of the verbal advice requirement of  WAC 480-120-141(2)(b) 
until September 30, 2000. Qwest must provide a rate quote if requested by a 
caller. The rate quoted for the call must include any applicable surcharge. 
Charges to the user must not exceed the quoted rate. After September 30, 2000, 
Commission Staff will conduct an investigation into the practices of Qwest/U S 
WEST's operator services, and if Qwest/U S WEST is not able to offer verbal 
disclosures in compliance with the rule, it will be subject to penalties. 
Verbal Disclosure of Rates - Prison Phones
This Commission's rules define a consumer as the party initiating and or paying 
for a call using operator services. In collect calls, both the originating and 
the receiving party of the call are considered consumers. Qwest/U S WEST's 
automated technology will prompt the called party to ask for a rate quote. 
Qwest/U S WEST seeks a temporary waiver of WAC 480-120-141(2)(b) until December 
1, 2000, as it applies to the receiver of the collect call, when that call 
originates from an inmate phone at a correctional facility. The waiver is 
necessary in order for the Company to deploy the technology in the correctional 
facilities throughout the state. 
Qwest/U S WEST has escalated this issue to its provider for installation sooner 
than the end of the year, and may improve upon this commitment. 
The Commission finds that this is a sound request since the Company's 
operator-assisted rates compare favorably to other carrier's rates that serve 
inmate phones. With the condition of providing the Commission with a monthly 
report outlining specific action steps taken to ensure implementation of this 
technology by year end, the Commission will grant the waiver, temporarily, of 
WAC 480-120-141(2)(b) until December 1, 2000 only as it applies to the receiver 
of the collect call. Once the technology is in place by year-end, Qwest/U S 
WEST must always make available to the receiver of the collect call automatic 
access to a rate quote as required by the rule. 
FINDINGS 
THE COMMISSION FINDS:
1. Qwest, a Washington corporation, is a public service company subject to the 
jurisdiction of this Commission under the provisions of chapter 80.28 RCW. 
2. Qwest can comply with the verbal rate disclosure by September 30, 2000. 
Granting the waiver until September 30, 2000, of the requirement, within WAC 
480-120-141(2)(b), to verbally advise consumers how to receive a rate quote on 
an operator-assisted call is reasonable 
and should therefore be approved. Qwest must provide a rate quote if requested 
by a caller. The rate quoted for the call must include any applicable 
surcharge. Charges to the user must not exceed the quoted rate.
3. Qwest must make the verbal disclosure option available to the person 
receiving the call (i.e., the recipient of a collect call from an inmate) who 
ultimately will incur the cost of the call. The Commission grants the temporary 
waiver of WAC 480-120-141(2)(b) as it applies to the receiver of the collect 
call from a correctional facility until December 1, 2000. The company shall 
provide the Commission Staff with a monthly report outlining specific action 
steps taken to ensure statewide implementation of this technology by year end. 
O R D E R 
1. The Commission grants Qwest's request for a waiver until September 30, 2000, 
of the requirement, within WAC 480-120-141(2)(b), to verbally advise consumers 
how to receive a rate quote on an operator-assisted call. Qwest must provide a 
rate quote if requested by a caller. The rate quoted for the call must include 
any applicable surcharge. Charges to the user must not exceed the quoted rate. 
Staff is directed to conduct an investigation into the practices of Qwest/U S 
WEST's operator services after September 30, 2000.
2. The Commission grants Qwest's request for a temporary waiver until December 
1, 2000, of WAC 480-120-141(2)(b), only as it applies to the receiving party of 
collect calls from inmates at correctional facilities to deploy the technology 
necessary to enable the receiver of a collect call to have access to an 
automated rate quote. The company must provide the Commission Staff with a 
monthly report outlining specific action steps taken to ensure statewide 
implementation of this technology by year end. 
DATED at Olympia, Washington, and effective this 27th day of September, 2000. 
WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION
        
RICHARD HEMSTAD, Commissioner 
WILLIAM R. GILLIS, Commissioner 
DISSENTING OPINION 
MARILYN SHOWALTER, Chairwoman, dissenting -- I dissent. These rules have been 
in effect since January 29, 1999. No evidence has been presented why the 
company could not have complied with the rules by now. While I appreciate the 
company's willingness to comply with the rules within the next 3 (or 60) days, 
I do not think this is a persuasive reason why the rules should be waived for 
that period of time.
                 MARILYN SHOWALTER, Chairwoman