DOCKETS UT-980364, UT-980365 and UT-980366 Page 1 BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION In the Matter of the IntraLATA ) Equal Access Implementaton Plans ) Submitted by: ) ) LEWIS RIVER TELEPHONE ) DOCKET UT-980364 COMPANY, ) ) ASOTIN TELPHONE COMPANY ) DOCKET UT-980365 ) and ) ) McDANIEL TELEPHONE COMPANY, ) DOCKET UT-980366 ) d/b/a TDS TELECOM ) ORDER APPROVING ) IMPLEMENTATION PLANS ............................................................... ) BACKGROUND Pursuant to The Telecommunications Act of 1996 (Telecom Act), and by agreement with Commission Staff, Asotin Telephone Company, Lewis River Telephone Company and McDaniel Telephone Company, d/b/a TDS Telecom, filed IntraLATA Equal Access Implementation Plans with the Commission on September 30, 1998. The companies seek approval of these plans in order to comply with 47 U.S.C. § 251(b)(3) of the Telecom Act which requires companies to provide intraLATA dialing parity by February 8, 1999. The Plans include a proposal that explains how the companies 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. The TDS Telecom companies propose to implement a full 2-PIC (Primary Interexchange Carrier) methodology for intraLATA presubscription. A $5.00 PIC change charge will be incurred and billed to the customer for each eligible line when an intraLATA PIC change is made. When an end user simultaneously requests a change to their interLATA carrier and their intraLATA carrier, only the interLATA change charge as specified in the interstate tariff will apply. In addition, the PIC change charge will be waived for the initial intraLATA PIC selection occurring within the first 120 days following implementation of the Plan. 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 set forth the interstate intraLATA toll dialing parity requirements of all local exchange carriers. 5. Asotin Telephone Company, Lewis River Telephone Company and McDaniel Telephone Company, d/b/a TDS Telecom, are engaged in the business of furnishing telecommunications services, including, but not limited to, basic local exchange service within the state of Washington. 6. Asotin Telephone Company, Lewis River Telephone Company and McDaniel Telephone Company, d/b/a TDS Telecom, filed IntraLATA Equal Access Implementation Plans in which they seek approval to implement dialing parity in their operating areas within the state of Washington. CONCLUSIONS OF LAW 1. The Commission has jurisdiction over Asotin Telephone Company, Lewis River Telephone Company, and McDaniel Telephone Company, d/b/a TDS Telecom and the subject matter of this filing under RCW 80.01.040(3) and 47 U.S.C. § 261(c). 2. The filings are consistent with the public interest, convenience, and necessity. 3. The filings meet the requirements set forth in 47 U.S.C. § 251(b)(3) and 47 C.F.R. §§ 51.209-51.215. 4. The requirements imposed pursuant to the petition are not inconsistent with 47 U.S.C. § 261(c) of the Telecom Act or the FCC's regulations to implement the Telecom Act. ORDER THE COMMISSION ORDERS That the filings by Asotin Telephone Company, Lewis River Telephone Company and McDaniel Telephone Company, d/b/a TDS Telecom, for approval of their IntraLATA Presubscription Implementation Plans are approved. DATED at Olympia, Washington and effective this 28th day of October, 1998. WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION ANNE LEVINSON, Chair RICHARD HEMSTAD, Commissioner WILLIAM R. GILLIS, Commissioner