DOCKET NO. UT-980416 PAGE 1 BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION In the Matter of the Filing of ) ) DOCKET NO. UT-980416 U S WEST COMMUNICATIONS, INC. ) ) for Approval of a New Digital ) FIRST SUPPLEMENTAL ORDER Subscriber Line Service Offering ) DEFERRING EFFECTIVE DATE Denominated as “MegaBit Service” ) OF MEGASUBSCRIBER SERVICE . . . . . . . . . . . . . . . . . . . . . . . . . . ) BACKGROUND In the Commission’s Order Setting Banded Rate Provisions of MegaBit Services Tariff, With Conditions, entered on April 22, 1998, the Commission approved a revised tariff filed by U S WEST Communications, Inc. (“U S WEST”), for the Company’s proposed digital subscriber line service, which it calls “MegaBit Services.” That approval was subject, inter alia, to the conditions agreed to by U S WEST and accepted by the Commission at its open meeting on April 22, 1998. Among the conditions to the approval was a two-phase roll out of the service as proposed by Commission Staff in a memorandum dated April 8, 1998, and agreed to by U S WEST both orally and by letter dated April 21, 1998. That adopted condition included a requirement that the originally-planned June 19 roll out for MegaSubscriber Service be deferred if the Company is not reasonably able to satisfy all initial Internet Service Provider (“ISP”) orders for MegaCentral Service by the June 19, 1998, date. At the Commission’s open meeting on June 15, 1998, Commission Staff and the Washington Association of Internet Service Providers (“WAISP”) presented evidence that the conditions incorporated into the Commission’s earlier order were not met. Specifically, Staff and WAISP presented compelling evidence that U S WEST has not fulfilled more than 85% of the orders for MegaCentral Service and would not satisfy all ISP orders by the originally planned June 19 roll out. Pursuant to U S WEST’s response to Staff’s data request, as of June 12, 1998, the company had only installed the necessary central office equipment needed to provision MegaBit Service in four of its forty-two designated central offices. Without this equipment, MegaBit Service cannot be provided. In addition, U S WEST determined that only four of the initial thirty-two orders for MegaCentral Service would not require new construction and thus many of these orders would not be completed by the target date of June 19, 1998. Prior to making this filing, U S WEST knew the locations of Internet Service Providers located in its operating region. The company also knew what facilities it had in place which would be available to fulfill projected orders for this service. U S WEST should have been aware that additional interoffice facilities would be required to provide MegaBit Service prior to filing its proposed tariff in March. The Commission’s previous order dated April 22, 1998, set forth the conditions on which the tariff would become effective. As described above, we believe that U S WEST has not met the necessary conditions under which it would be permitted to begin the second phase of the roll out for this service. FINDINGS Therefore, the Commission finds as follows: 1. The condition contained in our April 22 Order that U S WEST reasonably satisfy all orders of Internet Service Providers for MegaCentral Service prior to the planned roll out of MegaSubscriber Service has not been met and, therefore, the planned date for taking orders for MegaSubscriber Service of June 19, 1998, should be deferred. 2. Based on the representation by U S WEST that 90% of the outstanding orders for MegaCentral Service will be completed by July 9, 1998, we find that a sufficient portion of those outstanding orders will be complete by that date so as to be consistent with the intent of our April 22 Order. O R D E R THE COMMISSION ORDERS That U S WEST must not begin taking orders for its MegaSubscriber Service prior to July 9, 1998, consistent with the intent of our April 22 Order. DATED at Olympia, Washington, and effective this 18th day of June 1998. WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION ANNE LEVINSON, Chair WILLIAM R. GILLIS, Commissioner