BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION In the Matter of the Petition of: ) ) DOCKET UT-000437 PNG Telecommunications, Inc ) For waiver of WAC 480-120-139 ) ORDER GRANTING LIMITED ....................................................... ) WAIVER OF RULES On March 24, 2000, PNG Telecommunications, Inc., (PNG) filed a petition requesting waiver of WAC 480-120-139 for the transfer of intralata and interexchange toll customers from America One Communications, Inc. The reason for this request is that PNG purchased the customer base of America One, whose accounts consist of all customers who have selected America One as their preferred carrier for outbound, inbound and calling card services. Under WAC 480-120-139, "Changes in local exchange and intrastate toll services," PNG cannot submit a change in a customer's intrastate toll service without confirming the customer's authorization in accordance with requirements in the rule. This request is limited specifically to this transference of America One's customer base. Customer notices have been reviewed and will be mailed to all affected customers informing them of their options. PNG will credit any charge imposed by local exchange carriers for changing their primary interexchange carriers both to PNG and to any interexchange carrier of the customer's choice within 60 days of the initial transfer. PNG's products and services are similar to those offered by America One. PNG will provide America One customers rates that are lower than the America One s existing rates for a period of 90 days. This matter was brought before the Commission at its regularly scheduled open meeting on April 26, 2000. The Commissioners, having been fully advised in the matter, and having determined the following order to be consistent with the public interest, directed the Secretary to enter the following order and related provisions. FINDINGS OF FACT 1. PNG Telecommunications, Inc., and America One Communications, Inc., are public service companies subject to the jurisdiction of this Commission under the provisions of chapter 80.36 RCW. 2. The limited waiver of WAC 480-120-139 as described above, is reasonable and consistent with the public interest, and should therefore be approved. O R D E R THE COMMISSION ORDERS: After the effective date of this order, PNG Telecommunications, Inc., is hereby granted a limited waiver of WAC 480-120-139, for the initial transfer of intralata and interexchange toll customers from America One Communications. DATED at Olympia, Washington, and effective this 26th day of April, 2000. WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION CAROLE J. WASHBURN, Secretary