BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION



In the Matter of the Petition of  ) DOCKET NO. UT-971166
U S WEST Communications, Inc.,      ) 
for a Temporary Waiver of         ) ORDER GRANTING
Administrative Rules   ) TEMPORARY WAIVER OF RULES
                                     ) WAC 480-120-138(a), (b), (7),
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . ) AND (9)

  On July 18, 1997, U S WEST Communications, Inc., (USWC or company) petitioned 
the Commission for a temporary waiver of WAC 480-120-138 to allow it to 
restrict coin access on certain pay telephones during certain hours within the 
city of Spokane for a period of 120 days.  USWC asks for a temporary limited 
waiver of the requirement that a coin phone be operable by coin at all times so 
that it can develop a program similar to the one adopted by the city of Seattle 
that is consistent with the Commission's Policy Statement, Coin Restriction of 
Pay Telephones, in Docket No. UT-940171.  The temporary waiver of the rule will 
allow the company adequate time to pursue a public process within the city of 
Spokane to determine whether coin restriction is appropriate in its 
jurisdiction.

  The company has been asked by the Spokane Police Department to allow coin 
restriction in certain locations where it is experiencing illicit activity.  
The Spokane Police Department has identified three payphones at this time, and 
requests the ability to coin restrict up to ten payphones. 

  The company believes that coin restriction will help resolve problems caused 
by illicit behavior taking place from and around some of its pay telephones. 
Although the affected phones have already been restricted to one-way outgoing 
service, the illicit behavior is still occurring, and the space providers have 
asked the company to coin restrict the phones during the evening hours.  Coin 
restriction will be used as a "last resort" option to modify and retain the pay 
telephone versus removing it, and to meet the needs of communities and/or end 
users who require a safe environment.    

  Emergency access, operator assistance, and calling card services will be 
available from the coin restricted sets; the phones will be clearly posted to 
note the availability of these services.  The time period requested for the 
waiver is 120 days.  USWC proposes to work with the city of Spokane to develop 
the processes envisioned in the Commission’s Policy Statement on Coin 
Restriction.  The company is hopeful that after the waiver period, a process 
much like the one that was adopted by the city of Seattle will be in place in 
Spokane.

DOCKET NO. UT-971166 PAGE 1
  HISTORY:  In April 1993, USWC asked the Commission to interpret the payphone 
rule as to whether a payphone could be restricted against coin use during 
certain hours of the day.  The Commission entered a declaratory order stating 
that the practice was not permitted under existing rules.  

  In December 1993, USWC petitioned the Commission in Docket No. 
UT-931556 to change or waive WAC 480-120-138 to allow the company to restrict 
certain payphones from accepting coins between 6:00 p.m. and 6:00 a.m.  In lieu 
of immediate rulemaking, the Commission in February 1994, began a Notice of 
Inquiry process to gather information about the problems, consider options, and 
promote dialogue aimed at understanding affected public interests, to determine 
whether a rule change is needed.  On February 23, 1994, the Commission granted 
USWC a temporary waiver of WAC 480-120-138 in Docket No. UT-931491 to allow 
temporary coin restriction of certain pay telephones, subject to conditions, as 
DOCKET NO. UT-971166 PAGE 1
a pilot program. The pilot program was limited to the time to complete the 
Notice of Inquiry process in Docket No. UT-940171.  

  On October 4, 1994, the Commission adopted a Policy Statement in Docket No. 
UT-940171 that terminated the Notice of Inquiry and provided information about 
factors the Commission would consider when deciding whether to allow coin 
restriction.  The order terminated the temporary waiver of WAC 480-120-138 
subject to conditions, providing that call restriction could continue in 
locations where it was already in effect in the pilot program, for a period of 
120 days, to allow pursuit of a permanent waiver consistent with the policy 
statement. The Commission order indicated that USWC could request an extension 
of time by letter to the Secretary of the Commission, stating the reasons why 
the extension is needed.

  On February 3, 1995, the Commission granted USWC a 180-day extension of the 
temporary waiver to allow additional time to complete development of a process 
for local governments to determine whether coin restriction is appropriate for 
pay telephones in their jurisdictions, and specifying progress with the city of 
Seattle.  

  On May 8, 1995, the city of Seattle adopted Resolution No. 29124 which 
specifies its public process for determining whether a payphone should be coin 
restricted.  Its process does allow temporary coin restriction during certain 
times, if specified conditions are met.  

  The Commission agreed that the city of Seattle’s process met the intent of 
the Commission’s Policy Statement on Coin Restriction, and on October 25, 1995, 
the Commission granted USWC a permanent waiver for coin restricted phones 
located within the City of Seattle.

  Since that time Consumer Affairs staff has received very few inquiries and no 
informal complaints relating to coin restricted phones.

  EVALUATION:  In its policy statement regarding coin restriction of payphones, 
the Commission indicated it will consider granting waivers under WAC 
480-120-011 of the provisions of WAC 480-120-138 requiring pay telephones to be 
either credit only or coin and credit, full time.  In considering such waivers, 
the Commission would look for the following showing by the petitioner.

  CRITERIA FOR WAIVER

  1.  The instrument will be plainly marked as coin restricted and will be 
clearly posted with a without-charge number, reaching the payphone provider, to 
which complaints about coin restriction may be addressed.

  2.  The local police authority with jurisdiction has requested that the 
instrument be coin restricted, and the petitioner, in this case USWC, maintains 
a record of the request.

  3.  The legislative body of the local jurisdiction in which the instrument is 
located has provided a letter to the payphone provider stating that it has 
determined, after a process in which members of the public have had an 
opportunity to participate, as to that instrument or that geographical area of 
the local jurisdiction for which waiver is sought, a) that other approaches to 
the problem have been unsuccessful or are not feasible, and b) coin restriction 
is requested.

  The Commission expects that USWC will work diligently with the city of 
Spokane, law enforcement, community groups, and other affected stakeholders, to 
develop a process to determine whether coin restriction is appropriate in 
Spokane. USWC envisions that the process adopted by Seattle will be a model for 
other municipalities, such as the city of Spokane.

  The Commission finds reasonable and consistent with the public interest, 
USWC's request for a 120-day temporary waiver of WAC 480-120-138 to allow for 
coin restriction on payphones during certain hours.  Call restriction shall be 
limited to ten locations within the city of Spokane during this period.  
Currently, three payphones have been identified.  The company must notify Staff 
of the date and location of any additional payphones to be restricted prior to 
the restriction.  The Commission recognizes that circumstances may arise during 
the waiver period that may require coin restriction of more than ten 
payphones.  The company must secure prior Commission approval before 
restricting any additional locations.  Further, USWC could request an extension 
of time by letter to the Secretary of the Commission, stating the reasons why 
the extension is needed.


O R D E R

  THE COMMISSION ORDERS That:

  1.  Temporary waiver of WAC 480-120-138(a), (b), (7), and (9) is granted to U 
S WEST Communications, Inc., for payphone locations within the city of Spokane, 
subject to the following conditions:

   a.  The instrument shall be plainly marked as coin restricted and will be 
clearly posted with a without-charge number reaching the payphone provider to 
which complaints about coin restriction may be addressed;

   b.  The local police authority has requested that the instrument be coin 
restricted, and the petitioner maintains a record of the request; and,

   c.  The company and all affected persons strictly follow the guidelines 
adopted in the Commission’s policy on coin restriction (Docket No.      
UT-940171) which specifies the public process for determining whether a 
payphone should be coin restricted due to illicit usage.

  2.  The company must notify Staff of the date and location of payphones to be 
restricted prior to the restriction.  The company must secure prior Commission 
approval before restricting over ten locations

  3.  USWC may request an extension of time by letter to the Secretary of the 
Commission, stating the reasons why the extension is needed.

  DATED at Olympia, Washington, and effective this 30th day of 
July 1997.  


WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION

        



        STEVE McLELLAN
        Secretary