Docket:  UT-961638
January 22, 1997
Page 1
Agenda Date: January 22, 1997           
Item Number: 2A

Docket:   UT-961638
Company Name: U S WEST Communications, Inc.

Staff:  Tom Spinks, Regulatory Consultant

Recommendation:

Issue a Complaint and Order Suspending Tariff Revisions in Docket UT-961638.

Discussion:

On December 24, 1996, U S WEST Communications, Inc., filed tariff revisions 
adding new language relating to the company’s provisioning of service in the 
General Regulations - Conditions of Service portion of the local exchange 
tariff WN U-31.

The following language is proposed to be added to the tariff:

 “The Company shall use reasonable efforts to make available services to a 
customer on or before a particular date, subject to the provisions of and 
compliance by the customer with the regulations contained in this Tariff.  The 
Company does not guarantee availability by any such date and shall not be 
liable for any delays in commencing service.”

 “The furnishing of service under this Tariff is subject to the availability on 
a continuing basis of all the necessary facilities and is limited to the 
capacity of the Company’s existing or planned facilities as well as facilities 
the Company may obtain from other carriers, from time to time, to furnish 
service as required at the sole discretion of the Company.”

 “The Company reserves the right to limit or to allocate the use of existing 
facilities, or of additional facilities offered by the Company when necessary 
because of lack of facilities or due to some other cause beyond the Company’s 
control.”

It appears to staff that this filing attempts to interpret and limit the 
application of RCW 80.36.090 “Service to be furnished 


on demand.”  Staff and the company are not in agreement on certain aspects of 
facility provisioning which are currently being litigated in Docket UT-960832, 
et al.  Approval of this filing would essentially resolve those issues in favor 
of the company prior to the evidence being considered in the above mentioned 
docket.  Therefore, staff recommends suspension of this filing, if not 
withdrawn.