BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION


In the Matter of the Petition of  )
U S WEST Communications, Inc., )  DOCKET UT-971514
GTE Northwest, Inc., and the  )
Washington Independent Telephone )  FIRST SUPPLEMENTAL
Association for    )  ORDER GRANTING
Waiver of Washington   )  WAIVER OF RULES
Administrative Code   )  WAC 480-120-139(5)(a)


ORDER GRANTING WAIVER OF WAC 480-120-139(5)(a).


  On October 22, 1997, pursuant to WAC 480-120-011, U S WEST Communications, 
Inc. (U S WEST), GTE Northwest, Inc. (GTE), and the Washington Independent 
Telephone Association (WITA), filed an amended petition for a waiver of 
WAC 480-120-139 (5)(a) which was adopted by the Commission and scheduled to 
take effect on October 30, 1997.  The Commission considered the Petition at its 
regular open meeting on October 29, 1997.  At that meeting, the Commission 
Staff recommended approval of the Petition and the extension of the waiver to 
all telecommunications companies subject to the rule at issue.  Public Counsel 
did not oppose the granting of the waiver.

  The presentations of the Staff and the companies on October 29, 1997, 
indicated that strict compliance with the rule as adopted could inhibit certain 
marketing activities of the companies which were unintended in the rule 
adoption process.  Further, the companies’ use of customer proprietary network 
information (CPNI) would be limited by provision of federal law in a manner to 
protect the public interest during the period of the waiver.  The Commission 
approved the waiver as requested, to allow for a period of study and to see 
what federal regulations might be adopted.  The waiver was approved for a 
period expiring January 31, 1998.

  On November 21, 1997, the Commission filed a Preproposal Statement of Inquiry 
(CR-101) with the Code Reviser (Docket UT-971514) to consider possible 
amendment to WAC 480-120-139(5)(a) addressing the topics of privacy protections 
and implementation of restrictions on the use of CPNI.  On January 21, 1998, 
the Commission Staff, Public Counsel and representatives of TRACER, WITA, GTE, 
AT&T, MCI, and U S WEST met in a workshop under Docket UT-971514 to address the 
potential rulemaking, comments that some of the participants had filed, and 
activities at the federal level related to CPNI and privacy. The Federal 
Communications Commission is expected to serve an order clarifying Section 222 
of the Telecommunications Act of 1996, concerning privacy issues and CPNI by 
the end of the first quarter of 1998.  Final resolution of that order is 
anticipated during second quarter of 1998. The federal order is expected to 
guide industry and states regarding those subjects.  


  Based on the initial Petition, the filed comments and discussions with DOCKET 
UT-971514                  Page 1
participants, the rulemaking at the federal level, the progress of the proposed 
rulemaking in UT-971514, and the need for consideration of federal requirements 
in establishing state standards, the Commission issues the following:

              FINDINGS

    
  1.   U S WEST and GTE are telecommunications companies regulated by the 
Utilities and Transportation Commission.  WITA is an association of 
telecommunications companies regulated by the Commission.

  2. WAC 480-120-139 was adopted in accordance with the requirements of the 
Administrative Procedure Act.

  3. On November 21, 1997, the Commission filed a CR 101 Preproposal Statement 
of Intent in Docket No. UT-971514 to consider an amendment to WAC 
480-120-139(5)(a).  This proposal remains under consideration.

  4.  The Federal Communications Commission is currently considering the issues 
of customer proprietary network information and privacy at the federal level 
that is under consideration in this docket at the state level.  Resolution at 
the federal level is not expected until second quarter of 1998.

  5. There is good cause for extending the granting of the waiver of 
WAC 480-120-139(5)(a) through July 31, 1998.

  6. The companies will be subject to current federal law limiting the use of 
customer proprietary network information and WAC 480-120-139 (5) (b) and (c), 
thus the public interest will not be harmed by the granting of the waiver for a 
limited period of time.

      ORDER

  IT IS HEREBY ORDERED:

  1. After the effective date of this order and subject to the conditions 
hereof, the Petition for a waiver of WAC 480-120-139(5)(a) is granted through 
July 31, 1998.

  2.   This waiver shall extend to all companies subject to this rule.

  3.   This waiver may be revoked by the Commission at any time.




  DATED at Olympia, Washington, and effective this 28th day of January, 1998.


  WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION


       
       PAUL CURL, Acting Secretary