BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION IN THE MATTER OF THE CONTINUED COSTING AND PRICING OF UNBUNDLED NETWORK ELEMENTS AND TRANSPORT AND TERMINATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ) ) ) ) ) DOCKET NO. UT-003013 NOTICE OF PREHEARING CONFERENCE (March 3, 2000) In November 1996, the Commission issued an Order Instituting Investigation and Consolidation in Docket Nos. UT-960369, 960370, and 960371, also referred to as the Generic Costing and Pricing Proceeding. The Commission initiated that proceeding to consider cost and pricing issues that arose during the arbitration process and out of the Commission's obligations under the Telecommunications Act of 19961 to establish rates for interconnection, unbundled network elements (UNEs), transport and termination, and resale. 47 U.S.C. ' 252(d). These cost and pricing issues also arise from the Commission's obligations in Title 80 RCW to regulate telecommunications companies in the public interest, and to establish rates and charges for telecommunications services. In particular, the Commission intended the Generic Costing and Pricing Proceeding to "derive an accepted cost methodology and establish prices or price ranges for use in pending and future arbitrations, and in tariffs required pursuant to Commission orders in the consolidated interconnection and [U S WEST Communications, Inc.] rate case proceedings." Order Instituting Investigations; Order of Consolidation; and Notice of Prehearing Conference, Docket Nos. UT-960369, UT-960370, UT-960371, November 21, 1996, at 3. In Phase I of that proceeding, the Commission established a cost methodology and costs for providing certain telecommunications services. Eighth Supplemental Order Interim Order Establishing Costs for Determining Prices in Phase II; and Notice of Prehearing Conference, Docket Nos. UT-960369, UT-960370, UT-960371, April 16, 1998. In Phase II, the Commission issued an order determining prices, and establishing a third phase to address remaining issues. Seventeenth Supplemental Order, Interim Order Determining Prices; Notice of Prehearing Conference, Docket Nos. UT-960369, UT-960370, UT-960371, August 30, 1999. In that order, the Commission directed U S WEST Communications, Inc, and GTE Northwest Incorporated to file new operations support systems (OSS) cost studies no later than January 31, 2000. Id. at para. 526. In the Nineteenth Supplemental Order in that proceeding, the Commission determined that it would complete Phase III of the proceeding and enter a final order to comply with the Federal Communications Commission's (FCC) requirements on deaveraging UNE prices. In addition, the Commission determined that it would open a new proceeding to address the following issues: cost and pricing issues for UNEs for which new or modified cost studies are required and which could not be resolved in Docket Nos. UT 960369, UT,-96-0370, and UT-960371, cost studies and pricing of OSS, collocation, capacity charge for transport and termination, and any other UNEs which are ordered by the FCC. This proceeding is a necessary and anticipated continuation of the Generic Costing and Pricing proceeding and is initiated to address issues arising out of that proceeding. Hearing in this matter is being held pursuant to Part IV of chapter 34.05 RCW pertaining to adjudicative proceedings, including but not limited to RCW 34.05.413, RCW 34.05.422, RCW 340.5.440, RCW 34.05.449, and RCW 34.05.452. The Commission has jurisdiction over this matter under Title 80 RCW, having the legal authority to regulate the rates, services, and practices of telecommunications companies pursuant to chapter 80.36 RCW. Statutes involved, in addition to those previously cited, include those within chapter 80.04 RCW, chapter 80.20 RCW, and chapter 80.36 RCW, including but not limited to RCW 80.20.020, RCW 80.36.080, and RCW 80.36.140. NOTICE IS GIVEN that, in accordance with WAC 480-09-700(1)(a), the Commission has determined that good cause exists for this matter to be heard on shortened notice. NOTICE IS HEREBY FURTHER GIVEN That a prehearing conference will be held at 10:30 a.m. on Friday, March 3, 2000, in the Commission's Hearing Room, Second Floor, Chandler Plaza Building, 1300 S. Evergreen Park Drive S.W., Olympia, Washington. If you are unable to attend the prehearing conference in person, you may attend via the Commission's teleconference bridge line. Due to the limited number of available ports, all ports must be reserved in advance - only one port per entity. Ports may be reserved by calling the Commission's Administrative Law Division at (360) 664-1140 no later than Wednesday, March 1, 2000. The time and place for the evidentiary hearing will be set at the prehearing conference or by later written notice. The purpose of this prehearing conference is to consider formulating the issues in the proceeding and determine other matters to aid in its disposition, as specified in WAC 480-09-460. Petitions to intervene should be made in writing prior to the hearing date or made orally at the hearing. Appearances will be taken. If a limited English-speaking or hearing-impaired party or witness needs an interpreter, please fill out and return the from attached to this notice. NOTICE IS FURTHER GIVEN THAT ANY PARTY WHO FAILS TO ATTEND OR PARTICIPATE IN THE HEARING SET BY THIS NOTICE, OR ANY OTHER STAGE OF THIS PROCEEDING, MAY BE HELD IN DEFAULT IN ACCORDANCE WITH RCW 34.05.440. THE PARTIES ARE FURTHER ADVISED THAT THE SANCTION PROVISIONS OF WAC 480-09-700(4) ARE SPECIFICALLY INVOKED. The names and mailing addresses of all parties and their known representatives are as follows: Respondent: Advanced TelCom Group, Inc. Kath L. Thomas 100 Stony Point Road, Suite 130 Santa Rosa, CA 95401 (707) 535-8900 Representative: Gregory J. Kopta Attorney at Law Davis Wright Tremaine 2600 Century Square 1501 Fourth Avenue Seattle, WA 98101 (206) 622-3150 Respondent: AT&T Communications of the Pacific Northwest Ron Gayman 1501 South Capitol Way, Suite 204 Olympia, WA 98501 (360) 705-3977 Representative: Michel Singer Nelson Attorney at Law 1875 Lawrence Street, Suite 1405 Denver, CO 80202 (303) 298-6527 Respondent: Covad Communications Company W. Clay Deanhardt 2330 Central Expressway Santa Clara, CA 95050 (408) 844-7500 Representative: Brooks Harlow Miller Nash LLP 4400 Two Union Square 601 Union Street Seattle, WA 98101 (206) 622-8484 Respondent: Electric Lightwave, Inc. Timothy Peters 4400 N.E. 77th Avenue Vancouver, WA 98662 (360) 816-3608 Representative: Gregory J. Kopta Attorney at Law Davis Wright Tremaine 2600 Century Square 1501 Fourth Avenue Seattle, WA 98101 (206) 622-3150 Respondent: Frontier Telemanagement 1221 Nicollet Mall, Suite 300 Minneapolis, MN 55403 Representative: Sara Siegler Attorney at Law 2000 N. E. 42nd , Suite 154 Portland, OR 97213 (503) 249-8000 Respondent: GST Telecom Jane Delahanty 4001 Main Street Vancouver, WA 98663 (360) 356-7151 Representative: Richard Rindler Morton J. Posner Attorneys at Law Swidler & Berlin 3000 K Street N.W., Suite 3000 Washington, D.C. 20007 (202) 424-7771 Respondent: GTE Northwest Incorporated Joan M. Gage 1800 41st Street Everett, WA 98201 (425) 261-5238 Representative: Jennifer L. McClellan Hunton & Williams Riverfront Plaza, East Tower 951 East Byrd Street Richmond, VA 23219 (804) 788-8571 Respondent: MCI Worldcom, Inc. Ann Hopfenbeck 707 17th Street, Suite 3600 Denver, CO 80202 (303) 390-6106 Representative: Clyde MacIver Attorney at Law Miller, Nash, Wiener, Hager & Carlsen 4400 Two Union Square 601 Union Street Seattle, WA 98101 (206) 622-8484 Respondent: New Edge Networks, Inc. Robert McMillin P. O. Box 5159 Vancouver, WA 98668 (360) 906-9703 Representative: Gregory J. Kopta Attorney at Law Davis Wright Tremaine LLP 1501 Fourth Avenue, Suite 2600 Seattle, WA 98101 (206) 628-7692 Respondent: Nextlink Washington, L.L.C. Deborah Whiting-Jaques 1003 Montello Avenue Hood River, OR 97031 (541) 386-6398 Representative: Gregory J. Kopta Attorney at Law Davis Wright Tremaine LLP 1501 Fourth Avenue, Suite 2600 Seattle, WA 98101 (206) 628-7692 Respondent: NorthPoint Communications, Inc. Christine Mailloux 303 Second Street San Francisco, CA 94107 Representative: Christine Mailloux NorthPoint Communications, Inc. 303 Second Street San Francisco, CA 94107 (415) 365-7576 Respondent: Rhythms NetConnections, Inc. Douglas Hsiao 6933 South Revere Parkway Englewood, CO 80112 Representative: Arthur Butler Attorney at Law Ater Wynne LLP 601 Union Street, Suite 5450 Seattle, WA 98101 (206) 623-4711 Respondent: Sprint Communications LLP United Telephone Company of the Northwest Nancy Judy 902 Wasco Street Hood River, OR 97031 (541) 387-9265 Representatives: Eric S. Heath Attorney at Law 330 S. Valley View Blvd. Las Vegas, NV 89107 (702) 244-6541 Respondent: TCG-Seattle Rose Schiavone Two Teleport Drive, 3rd Floor Staten Island, NY 10311 Representative: Michel Singer Nelson Attorney at Law 1875 Lawrence Street, Suite 1405 Denver, CO 80202 (303) 298-6527 Respondent: TRACER 601 Union Street, Suite 5450 Seattle, WA 98101 Representative: Arthur Butler Attorney at Law Ater Wynne LLP 601 Union Street, Suite 5450 Seattle, WA 98101 (206) 623-4711 Respondent: Telecommunications Resellers Association Andrew O. Isar 3220 Uddenberg Lane, Suite 4 Gig Harbor, WA 98335 Representative: Andrew O. Isar Telecommunications Resellers Association 3220 Uddenberg Lane, Suite 4 Gig Harbor, WA 98335 (253) 851-6700 Respondent: U S WEST Communications, Inc. 1600 Seventh Avenue Seattle, WA 98101 Representative: Lisa Anderl Attorney at Law 1600 Seventh Avenue, Suite 3206 Seattle, WA 98191 (206) 345-1574 Respondent: Washington Independent Telephone Association P. O. Box 2473 Olympia, WA 98507 Representative: Richard Finnigan Attorney at Law 2405 Evergreen Park Drive S.W., Suite B-3 Olympia, WA 98502 (360) 956-7000 Commission: Washington Utilities and Transportation Commission 1300 S. Evergreen Park Drive S.W. P.O. Box 47250 Olympia, WA 98504-7250 (360) 664-1160 Representative: Ann Rendahl Assistant Attorney General 1400 S. Evergreen Park Drive S.W. P.O. Box 40128 Olympia, WA 98504-0128 (360) 664-1189 Public Counsel: Simon J. ffitch Public Counsel Section Office of Attorney General 900 Fourth Avenue, Suite 2000 Seattle, WA 98164-1012 (206) 464-7744 C. Robert Wallis has been designated as the Administrative Law Judge from the Utilities and Transportation Commission's Administrative Law Section, 1300 S. Evergreen Park Drive S.W., Olympia, Washington 98504-7250, and will preside at the prehearing conference. The Commission will provide at its offices in Olympia, Washington, current records of the hearing for the use of those who may wish to review them. The Public Counsel section of the Office of the Attorney General has been designated by the Attorney General to represent the public. The address of the Commission, shown below, may be used for inquiries of Public Counsel, or Public Counsel may be contacted directly by writing or calling the address or telephone numbers listed below. Notice of any other procedural phase will be given in writing or on the record as the Commission may deem appropriate during the course of the proceeding. WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION CAROLE J. WASHBURN Executive Secretary February , 2000 Inquiries may be addressed to: Secretary -or- Public Counsel Section Washington Utilities and Office of Attorney General Transportation Commission 900 Fourth Avenue, Suite 2000 Chandler Plaza Building Seattle, WA 98164-1012 1300 S. Evergreen Park Drive S.W. (206) 464-6253 P.O. Box 47250 Olympia, WA 98504-7250 (360) 664-1160 1 Telecommunications Act of 1996, Public Law No. 104-104, 101 Stat. 56, codified at 47 U.S.C. ' 151 et seq. (1996).