BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION In the Matter of the Petition of BROADBAND OFFICE COMMUNICATIONS, INC. For Waiver of WAC 480-120-540 Terminating Access Charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ) ) ) ) ) ) ) ) ) DOCKET UT-000770 ORDER GRANTING WAIVER OF WAC 480-120-540, TERMINATING ACCESS CHARGES BACKGROUND By petition filed May 19, 2000, in Docket UT-000770, Broadband Office Communications, Inc. (Broadband) 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 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. DISCUSSION Broadband is a facilities-based telecommunications company. In Docket UT-991956, Broadband was registered, classified as a competitive telecommunications company, and authorized to provide local and interexchange telecommunications services throughout the state of Washington. Broadband currently does not offer terminating switched access rates in its price list. 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. Broadband 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, Broadband 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 Broadband, and we find it is reasonable and appropriate to do so in this instance. We will require Broadband 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 Broadband Office Communications, Inc., is granted as conditioned in the text of this Order. DATED at Olympia, Washington, and effective this 16th day of June, 2000. WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION CAROLE J. WASHBURN Secretary