BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION In the Matter of the Petition of U S WEST Communications, Inc., For Waiver of Administrative Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ) ) ) ) DOCKET NO. UT-000046 ORDER GRANTING WAIVER OF RULES On January 13, 2000, U S WEST Communications, Inc., (USWC) filed a petition with the Commission for an order requesting waiver of the requirements of the following Commission rules: WAC 480-120-138(4), (posting requirements); WAC 480-120-138(5)(h), (two-way service); and WAC 480-120-138 (6), (Restrictions) The waiver will apply only to USWC’s limited access inmate phones located at prisons, correctional facilities and other penal institutions. The service is offered out of USWC’s deregulated services catalog. USWC requests the current waiver for administrative purposes. Effective January 29, 1999, the Commission adopted changes to WAC 480-120-138 resulting in new subsections within the rule for the posting and two-way service requirements. Subsection (6) of this rule allows a pay phone service provider to limit the operational capabilities of a payphone as provided for in subsection (5) of the rule only when directed by the Commission through approval of a waiver. Prior to the adoption of the rules amendments, USWC had sought and received a waiver from the Commission under Docket No. UT-910193 of the following posting and operational requirements of payphone service provided at penal institutions: 480-120-137(2), (911 and emergency access); 480-120-138(3), (emergency access); 480-120-138 (5), (emergency numbers posted); 480-120-138 (6), (service assistance and refunds); 480-120-138 (7), (number of telephone displayed); 480-120-138 (10), (access to all IXCs); 480-120-138 (11), (two-way service); 480-120-141(1)(a), (sticker requirements); 480-120-141(1)(b)(ii) and (iii), (other providers); and 480-120-141(4) (emergency calls) Under its order in Docket UT-910193, the Commission indicated that services would be provided to inmates to place semi-automatic collect calls only, using coin-less pay telephones in limited access areas of the facility. All calls from the inmate phones would DOCKET NO. UT-000046 Page 2 be collect only, with no authorization for credit card calls, third number billing or direct dials. USWC would block all 800, 900, and 976 calls, as well as 911 access and directory assistance. The Commission found that it was appropriate to grant the waivers due to the restricted and specialized nature of USWC inmate services. USWC has not modified the manner in which it provides inmate services. Having received the waivers in Docket UT-910193, USWC believes that it is currently in compliance with the existing requirements of WAC 480-120-138. However, USWC believes that it is appropriate to seek the current waiver for adminstrative purposes so that its authority is updated to reflect the new subsections of WAC 480-120-138. FINDINGS THE COMMISSION FINDS: 1. U S WEST Communications, Inc., is a public service company subject to the jurisdiction of this Commission under the provisions of Chapter 80.36 RCW. 2. It appears, upon investigation, that the request for waiver of Commission rules by U S WEST Communications rules is reasonable and consistent with the public interest and should therefore be granted. O R D E R 1. After the effective date of this order and subject to the conditions hereof, the petition of U S WEST Communications, Inc., filed with the Commission requesting waiver of the following Commission rules is hereby granted, applicable only to applicant’s limited access inmate phones: WAC 480-120-138(4), (5)(h), and (6). 2. This order shall in no way affect the authority of this Commission over rates, service or accounts, evaluations, estimates, or determination of cost or any matters whatsoever that may come before it, nor shall anything herein be construed as an acquiescence in any estimate or determination of costs or any valuation of property claimed or asserted. DOCKET NO. UT-000046 Page 3 DATED at Olympia, Washington, and effective this day of February, 2000. WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION CAROLE WASHBURN, Secretary