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 PERMANENT PARTIAL WAIVER OF 
		WAC 480-120-141(2)(b) 

On September 20, 2000, Qwest filed an amendment to a previously-filed petition 
asking for a waiver of WAC 480-120-141(2)(b) as it relates specifically to 
services from pay phones in correctional facilities. Qwest/U S WEST seeks a 
permanent partial waiver, only at correctional facilities, and only for calls 
from an inmate originating an operator-assisted (collect) call, of the portion 
of the rule requiring automatic rate disclosure.
DISCUSSION 
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. And, further, the 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 seeks a permanent waiver of that portion of the rule requiring 
access to the automatic rate disclosure from the party originating the 
operator-assisted (collect) call, when that call originates from an inmate 
phone at a correctional facility. Qwest/U S WEST has concerns about safety, 
security, and fraud that can take place when an inmate has access to a live 
operator. Department of Corrections also expressed similar concerns. 
Qwest/U S WEST's automated technology will prompt the called party to ask for a 
rate quote. The inmate cannot initiate the rate quote, however, and that is the 
reason why there is a need for a limited waiver. Once the called party 
initiates the rate request, both the caller and the called party will hear the 
rate information. Either party may terminate the call by hanging up. 
The Commission finds that this is a sound request to grant a permanent partial 
waiver of  WAC 480-120-141(2)(b) as it applies to collect calls from inmates at 
correctional facilities, and only as it applies to the originating, not the 
receiving, party.
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's request for a permanent partial waiver of the portion of the rule 
requiring access to automatic rate disclosure by the party originating the 
collect call, when that call originates from an inmate phone at a correctional 
facility, is reasonable to comply with company and correctional facilities' 
concerns for protection of the public. 
O R D E R 
The Commission grants Qwest's request for a permanent waiver of WAC 
480-120-141(2)(b), only as it applies to collect calls from inmates at 
correctional facilities, only as it applies to the originating party, and only 
so long as the alternative proffered by Qwest and described in this Order 
remain in effect. 
DATED at Olympia, Washington, and effective this 27th day of September, 2000. 
WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION
                 MARILYN SHOWALTER, Chairwoman 
RICHARD HEMSTAD, Commissioner 
WILLIAM R. GILLIS, Commissioner