BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION



In the Matter of the Petition of   ) DOCKET UT-980376
Pend Oreille Telephone Company          )
for Approval of IntraLATA            )
Presubscription Implementation    ) ORDER APPROVING 
Plan.                                 )          PETITION
      )
............................................................... )


BACKGROUND

       By petition filed October 15, 1998, Pend Oreille Telephone Company seeks 
approval in Docket UT-980376 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 Pend Oreille 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.

       Pend Oreille Telephone Company proposes to implement a full 2-PIC 
(Primary Interexchange Carrier) methodology for intraLATA presubscription.  A 
$10.00 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 within the first 90 days following 
implementation of the Plan.  Pend Oreille also proposes a $25.00 slamming 
charge which will be applied to interexchange carriers who change an end user's 
intraLATA PIC without proper authorization from the end user. 

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   Docket UT-980376        Page 1
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.  Pend Oreille 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. Pend Oreille Telephone Company, filed a petition seeking approval of its 
Plan to implement dialing parity in its operating area within the state of 
Washington.

CONCLUSIONS OF LAW

      1.  The Commission has jurisdiction over Pend Oreille Telephone Company, 
and the subject matter of this petition under RCW 80.01.040(3) and Section 
261(c) [47 U.S.C. 261]. 

 2.  The petition is consistent with the public interest, convenience, and 
necessity.

 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 Pend Oreille Telephone Company, 
for approval of its IntraLATA Presubscription Implementation Plan is 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