BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION In the Matter of the Petition of: Access Point, Inc. For Waiver of WAC 480-120-139 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ) ) ) ) ) ) DOCKET UT-000610 ORDER GRANTING LIMITED WAIVER OF RULES On April 24, 2000, Access Point, Inc., (Access Point) filed a petition requesting waiver of WAC 480-120-139 for the transfer of intralata and interlata toll customers from Efficy Group, Inc. (Efficy). The reason for this request is because Efficy intends to transfer substantially all of the assets, including customer accounts and accounts receivables, to Access Point. Under WAC 480-120-139, "Changes in local exchange and intrastate toll services," Access Point would not be able to 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 Efficy's customer base to Access Point. Customer notice has been reviewed and will be mailed to all affected customers informing them of their options. Access Point will credit any charge imposed by local exchange carriers for changing their primary interexchange carriers both to Access Point and to any interexchange carrier of the customer's choice within 45 days of the initial transfer. Access Point will amend its price list to include the applicable Efficy services and rates for those customers. Access Point will provide Efficy customers rates that are the same or lower than the existing Efficy rates for a period of 90 days. This matter was brought before the Commission at its regularly scheduled open meeting on June 16, 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. Access Point, Inc., and Efficy Group, 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, Access Point, Inc., is hereby granted a limited waiver of WAC 480-120-139, for the initial transfer of intralata and interlata toll customers from Efficy Group, Inc. DATED at Olympia, Washington, and effective this 16th day of June, 2000. WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION CAROLE J. WASHBURN Secretary