BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION

WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION,

Complainant,

v.

ONE CALL COMMUNICATIONS, INC.

Respondent.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 	
)))))))))))	
		DOCKET NO.  UT-001090
		
		
		
		COMMISSION ORDER ACCEPTING SETTLEMENT

SUMMARY

1 PROCEEDINGS:  The Washington Utilities and Transportation Commission, 
proceeding on its own  motion, filed a Complaint on March 28, 2001.  The 
Commission alleged in its Complaint that One  Call Communications, Inc.’s 
operating practices violated WAC 480-120-141.

2 PARTIES:  Jonathan Thompson, Assistant Attorney General, Olympia, Washington, 
represents  Commission Staff (Staff).  Ann C. Bernard, Corporate Counsel, 
represents One Call    Communications, Inc. (One Call).

3 SETTLEMENT AGREEMENT:  On March 28, 2001, Staff and One Call (the Parties) 
filed an  Agreement to Penalties to resolve all issues raised in the Complaint.

4 COMMISSION:  The Commission accepts the Parties’ settlement as filed.

MEMORANDUM

5 On March 28, 2001, the Commission issued a Complaint alleging violations of 
WAC 480-120-141.   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 (Agreement).  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.

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

? One Call agrees to full compliance with the Commission’s verbal disclosure 
rules.

? One Call agrees to pay a penalty of $11,400 for rule violations.

? One Call agrees to reimburse the Commission for the cost of the 
investigation, less estimated regulatory fees to be paid no later than May 1, 
2001, based on the year 2000 operations, for a total reimbursement for the cost 
of the investigation of $4,400.

? One Call agrees to change its voice message for automated operator services 
so that it informs consumers they may receive a rate quote by pressing no more 
than two keys and then asking for a rate quote from the operator. 

7 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

8 (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.

9 (2) One Call Communications, Inc., engages in the business of providing 
operator services within  Washington state as a telecommunications company.

10 (3) On March 28, 2001 the Commission issued a Complaint in which it alleged 
that One Call   Communications, Inc., violated WAC 480-120-141 relating to 
branding and verbal disclosure.

11 (4) On March 28, 2001, Staff and One Call Communications, Inc., filed an 
Agreement to Penalties to  resolve all violations to date that are known to 
Staff, of the rules cited in the Commission’s Complaint.

CONCLUSIONS OF LAW

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

13 (2) One Call Communications, Inc., violated WAC 480-120-141(2)(b) and WAC 
480-120-141(4).

14 (3) The Agreement to Penalties, which is attached to this Order as Appendix 
A, is consistent with the  public interest.

15 (4) The settlement fully and fairly resolves the issues pending in Docket 
No. UT-001090 and is in the  public interest.  The terms of the Agreement to 
Penalties should be approved and adopted as set out  therein.

16 (5) The Commission retains jurisdiction to effectuate the provisions of this 
order.

ORDER

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

DATED at Olympia, Washington, and effective this 28th day of March 2001.

WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION



MARILYN SHOWALTER, Chairwoman



RICHARD HEMSTAD, Commissioner