BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION In the Matter of the Petition of ) DOCKET UT-980357 Kalama Telephone Company ) for Approval of IntraLATA ) Presubscription Implementation Plan. ) ) ) ) GRANTING PETITION IN PART AND ) DENYING THE PETITION IN PART ) ) ............................................................... BACKGROUND By petition filed September 30, 1998, Kalama Telephone Company, seeks approval in Docket UT-980357 of its IntraLATA Presubscription Implementation Plan (Plan). The petition is filed pursuant to The Telecommunications Act of 1996 (Telecom Act), and by agreement with Commission Staff. The Plan includes a proposal that explains how Kalama Telephone Company will offer intraLATA toll dialing parity in the state, a proposal for timely notification of its subscribers, and the methods it proposes to use to enable subscribers to select an intraLATA toll service provider. DISCUSSION Kalama Telephone Company, Inc. proposes to implement a modified 2-PIC Primary Interexchange Carrier (IXC) and a full 2-PIC methodology for intraLATA presubscription. Under a modified 2-PIC system, the subscriber may presubscribe to have originating intraLATA calls carried either by the subscriber’s presubscribed interLATA IXC or by the company. Under a full 2-PIC system, the subscriber may presubscribe to any available IXC to carry originating intraLATA toll calls, regardless of the identity of the IXC to which the subscriber’s interLATA toll is presubscribed. The petition addresses the following issues. A PIC change charge will be incurred and billed to the customer for each eligible line when an intraLATA PIC change is made. This charge will be waived for the initial selection occurring following implementation of the Plan. Customer notification will be provided by direct Docket UT-980357 Page 2 mailing or by bill insert. Interexchange carriers who provide interLATA service will be given 30 days notice of the availability of intraLATA presubscription. These issues will be reviewed when the accompanying tariff is filed. Staff believes that any deviation from a full 2-PIC methodology should be justified by the company. No supporting documents were submitted by the company, therefore the modified 2-PIC should be denied. FINDINGS OF FACT 1. The Commission is an agency of the state of Washington vested by statute with the authority to regulate the rates, rules, regulations, practices, accounts, securities, and transfers of public service companies, including telecommunications companies. 2. Section 261(c) [47 U.S.C. 261] of the Telecom Act provides that a State may impose requirements on a telecommunications carrier for intrastate services that are necessary to further competition in the provision of telephone exchange service or exchange access, as long as the State's requirements are not inconsistent with the Telecom Act or the FCC's regulations to implement the Telecom Act. 3. Section 251(b)(3) [47 U.S.C. 251] of the Telecom Act requires all local exchange carriers to provide dialing parity to competing providers of telephone exchange service and telephone toll service. 4. 47 C.F.R. §§ 51.209-51.215 sets forth the interstate, intraLATA toll dialing parity requirements of all local exchange carriers. 5. Kalama Telephone Company is engaged in the business of furnishing telecommunications services, including, but not limited to, basic local exchange service within the state of Washington. 6. Kalama Telephone Company filed a petition seeking approval of its Plan to implement dialing parity in its operating area within the state of Washington. The company should implement the full 2-PIC, the modified 2-PIC proposed is denied. CONCLUSIONS OF LAW 1. The Commission has jurisdiction over Kalama Telephone Company and the subject matter of this petition under RCW 80.01.040(3). Section 261(c) [47 U.S.C. 261]. 2. The petition is consistent with the public interest, convenience, and necessity with the exception of the modified 2-PIC proposal. 3. The petition meets the requirements set forth in 47 U.S.C. Section 251(b)(3) and 47 C.F.R. §§ 51.209-51.215. 4. The requirements imposed pursuant to the petition are not inconsistent with the Telecom Act or the FCC's regulations to implement the Telecom Act. ORDER THE COMMISSION ORDERS That the petition by for approval of its IntraLATA Presubscription Implementation Plan is approved with the exception of the modified 2-PIC. DATED at Olympia, Washington and effective this 16th day of November, 1998. WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION ANNE LEVINSON, Chair WILLIAM R. GILLIS, Commissioner