BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION In the Matter of the Petition of ) ) BUEHNER-FRY, INC., ) d/b/a RESORT OPERATOR SERVICES ) DOCKET UT-971595 ) ) for Classification as a Competitive ) ORDER GRANTING PETITION Telecommunications Company. ) . . . . . . . . . . . . . . . . . . . . . . . . .) By petition filed November 4, 1997, Buehner-Fry, Inc., d/b/a Resort Operator Services, (BFI) seeks classification in Docket UT-971595 as a competitive telecommunications company pursuant to RCW 80.36.320 and WAC 480-120-023. BFI was registered with the Commission in Docket UT-931199 as a telecommunications company to provide resold direct dialed long distance and alternate operator services (AOS) to the public. In support of its petition, BFI alleges inter alia that its services compete with other interexchange carriers’ telecommunication services. The company filed written testimony in support of competitive classification, which accompanied its petition. In conjunction with classification, the company is seeking waiver of the requirements of various provisions of chapter 80.36 RCW and chapter 480-120 WAC. The company seeks the following waivers: RCW 80.04.300 Budgets to be filed by companies--supplementary budgets RCW 80.04.310 Expenditures RCW 80.04.320 Budget rules RCW 80.04.330 Effect of unauthorized expenditure--Emergencies RCW 80.04.360 Earnings in excess of reasonable rate--Consideration In fixing rates RCW 80.04.460 Investigation of accidents RCW 80.04.520 Lease of utility facilities Chapter 80.08 RCW Securities (Except RCW 80.08.140, State not obligated) Chapter 80.12 RCW Transfers of Property Chapter 80.16 RCW Affiliated Interests RCW 80.36.100 Tariff schedules to be filed and open to public RCW 80.36.110 Tariff changes--Statutory notice--Exception RCW 80.36.150 Contracts WAC 480-120-026 Tariffs WAC 480-120-031 Accounting WAC 480-120-032 Accounting--Political information and political education activities WAC 480-120-036 Finance--Securities, affiliated interest, transfer of property WAC 480-120-046 Services offered WAC 480-120-131 Reports of accidents Chapter 480-80 WAC Tariffs Chapter 480-140 WAC Budgets Chapter 480-143 WAC Transfers of Property Chapter 480-146 WAC Securities and Affiliated Interests Rules invoked include those within chapter 480-09 WAC, specifically WAC 480-09-520 and WAC 480-120-022, WAC 480-120-023, WAC 480-120-024, and WAC 480-120-025. Statutes invoked include RCW 80.36.145 and 80.36.320. The ultimate issues are whether BFI should be classified as a competitive telecommunications company, and the extent to which it should be relieved of regulatory requirements to which it would otherwise be subject. Based upon the entire record and the file in this matter, the Commission makes the following findings of fact and conclusions of law. FINDINGS OF FACT DOCKET UT-971595 PAGE 1 1. BFI is registered with the Commission as a tele-communications company to provide resold direct dialed long distance and alternate operator services (AOS) to the public. 2. Alternative providers of service to that of BFI include, but are not limited to, AT&T Communications, Inc., U S WEST Communications, Inc., MCI Commu- nications Corp., and Sprint Communications Company. All services are fully available from alternative providers in the relevant market. 3. The relevant market is the state of Washington. 4. BFI has no captive customer base. 5. The services offered are subject to effective competition. 6. BFI should be permitted to provide services under a price list. 7. BFI requested waivers of certain laws and rules relating to telecommunications services. The laws and rules for which waivers should be granted are listed on Appendix A, attached, incorporated by this reference, and made a part of this Order. CONCLUSIONS OF LAW 1. The Washington Utilities and Transportation Commission has jurisdiction over the subject matter of this classification proceeding and the parties. 2. BFI should be classified as a competitive telecommunications company pursuant to RCW 80.36.320(1). 3. BFI will be permitted to provide services under price lists pursuant to RCW 80.36.320 (2), the format of which will be subject to prior approval by the Commission. These services will not include alternate operator services as defined in WAC 480-120-141. 4. BFI should be granted waiver of the laws and rules listed in Appendix A. Waiver of laws and rules requested that are not included in Appendix A should be denied. O R D E R THE COMMISSION ORDERS: 1. The petition of Buehner-Fry, Inc., d/b/a Resort Operator Services for classification as a competitive tele-communications company, is granted. 2. Waiver is granted of the laws and rules listed in Appendix A. 3. Buehner-Fry, Inc., d/b/a Resort Operator Services is authorized to offer services under price lists, the format of which will be subject to prior approval by the Commission, with price lists effective only after ten days notice to the Commission and to customers. In the event of a price reduction or a change in terms or conditions which do not have rate impact, personal notice to customers will not be required. Although the Commission does not have authority to waive the notice requirement, Buehner-Fry, Inc., d/b/a Resort Operator Services will have the option to publish notice of price reductions by a display advertisement in such newspaper or newspapers as are geographically situated so as to be circulated over the company's service area. 4. The Commission retains jurisdiction over the subject matter and the parties to effectuate the terms of this Order. DATED at Olympia, Washington, and effective this 23rd day of September, 1998. WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION CAROLE J. WASHBURN Executive Secretary DOCKET UT-971595 APPENDIX A RCW 80.04.300 Budgets to be filed by companies--Supplementary budgets RCW 80.04.310 Commission’s control over expenditures RCW 80.04.320 Budget rules RCW 80.04.330 Effect of unauthorized expenditure--Emergencies RCW 80.04.360 Earnings in excess of reasonable rate--Consideration in fixing rates RCW 80.04.460 Investigation of accidents RCW 80.04.520 Lease of utility facilities RCW 80.36.100 Tariff schedules to be filed and open to public RCW 80.36.110 Tariff changes--Statutory notice--Exception Chapter 80.08 RCW Securities (except RCW 80.08.140, State not obligated) Chapter 80.12 RCW Transfers of Property Chapter 80.16 RCW Affiliated interests Chapter 480-80 WAC Tariffs Chapter 480-140 WAC Budgets Chapter 480-143 WAC Transfers of Property Chapter 480-146 WAC Securities and affiliated interests WAC 480-120-026 Tariffs WAC 480-120-031 Accounting WAC 480-120-032 Accounting-Political information and political education activities WAC 480-120-036 Finance--Securities, affiliated interest, transfer of property WAC 480-120-046 Services offered WAC 480-120-131 Reports of accidents