BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION
      
In the Matter of the Petition of

FOCAL COMMUNICATIONS CORPORATION OF WASHINGTON

For Waiver of WAC 480-120-540, Terminating Access Charges
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	)	DOCKET UT-000228
		
		ORDER GRANTING WAIVER OF WAC 480-120-540, TERMINATING ACCESS CHARGES

         
BACKGROUND

  By petition filed February 17, 2000,  in Docket UT-000228, Focal 
Communications Corporation of Washington (Focal) requests a waiver of 
WAC 480-120-540, terminating access charges.  The waiver request was brought 
before the Commission at its regularly scheduled open public meeting of 
March 10, 2000.

DISCUSSION
               Focal is a facilities-based telecommunications company.  In 
Docket 
UT-981458, Focal was registered, classified as a competitive telecommunications 
company, and authorized to provide intraexchange and interexchange 
telecommunications services throughout the state of Washington.  

  On February 16, 2000, Focal filed a price list with the Commission that 
established a rate for terminating switched access service at a level 
reflecting the weighted average combination of the rates charged by U S WEST 
Communications, Inc., and GTE Northwest Incorporated for terminating switched 
access service, including those companies’ universal service elements.  WAC 
480-120-540 only permits a local exchange company to include in its terminating 
switched access rates a charge for recovery of any costs for support of 
universal access to basic telecommunications service when authorized by the 
Commission.   Focal is not currently authorized to do so, nor has it ever 
demonstrated any universal access costs of the type solicited and examined in 
Docket UT-980311(a).  

  In Docket UT-990307 the Commission granted a waiver of 
WAC 480-120-540 to five competitively classified local exchange carriers 
subject to conditions.  Therefore, Focal is also requesting a waiver of WAC 
480-120-540, at this time.
 
  The Commission has the authority to impose conditions on our waiver of WAC 
480-120-540 for Focal, and we find it is reasonable and appropriate to do so in 
this instance.  We will require Focal to file price lists for terminating 
access service at rates not to exceed those charged by U S WEST Communications, 
Inc., and GTE Northwest Incorporated in their respective service territories.  
The Commission notes that RCW 80.36.320(4) authorizes the Commission to “revoke 
any waivers it grants” and to “reclassify any competitive telecommunications 
company if the revocation or reclassification would protect the public 
interest.”  Our action granting waiver of 
WAC 480-120-540 is an interim step, and we may revisit waiver of the rule upon 
consideration of any new universal service funding measures or programs.
 
ORDER

  THE COMMISSION ORDERS That the request for waiver of 
WAC 480-120-540, Terminating Access Charges, by Focal Communications 
Corporation of WashingtonDocket UT-000228        Page 1
, is granted as conditioned in the text of this Order.

  DATED at Olympia, Washington, and effective this 10th day of March, 2000.

  WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION



      CAROLE J. WASHBURN, Secretary