BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION In the Matter of the Petition of ) ) RSL COM PRIMECALL, INC., ) DOCKET UT-990442 ) ) for Classification as a Competitive ) ORDER GRANTING PETITION Telecommunications Company. ) FOR COMPETITIVE ) CLASSIFICATION AND ) APPROVING PRICE LIST . . . . . . . . . . . . . . . . . . . . . . . . .) BACKGROUND By petition filed March 18, 1999, RSL COM PrimeCall, Inc. (PrimeCall), seeks classification in Docket UT-990442 as a competitive telecommunications company and approval of its proposed price list, pursuant to RCW 80.36.320 and WAC 480-120-023. The petition for competitive classification and initial price list were brought before the Commission at its regularly scheduled open public meeting of April 14, 1999. DISCUSSION PrimeCall was registered with the Commission in Docket UT-981261 as a telecommunications company to provide resold direct dialed long distance, inbound 800/888, travel card and debit card services to the public. In support of its petition, PrimeCall, 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: 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 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 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 WAC 480-120-022, WAC 480-120-023, WAC 480-120-024, and WAC 480-120-025. Statutes invoked include RCW 80.36.320. The ultimate issues are whether PrimeCall should be classified as a competitive telecommu-nications company, whether its proposed price list should be approved, 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-990442 PAGE 1 1. PrimeCall filed a petition for classification as a competitive telecommunications company pursuant to the provisions of RCW 80.36.320. 2. PrimeCall is registered with the Commission as a tele-communica-tions company to provide resold direct dialed long distance, inbound 800/888, travel card and debit card services to the public. 3. As to form, the petition meets the requirements of RCW 80.36.320 and complies with the Commission’s rules and regulations. 4. Alternative providers of service to that of PrimeCall, include, but are not limited to, AT&T Communications of the Pacific Northwest, Inc., GTE Northwest Incorporated, MCIWorldCom, Inc., and Sprint Communications Company L.P. All services are fully available from alternative providers in the relevant market. 5. The relevant market is the state of Washington. 6. PrimeCall has no captive customer base. 7. The services offered are subject to effective competition. 8. PrimeCall should be permitted to provide services under its proposed price list. 9. PrimeCall requested waivers of certain laws and rules relating to telecommunications services. The laws and rules for which waivers should be granted are listed in Appendix A, 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 petition and PrimeCall. 2. PrimeCall should be classified as a competitive telecommunications company pursuant to RCW 80.36.320(1). 3. PrimeCall should be permitted to provide services under price lists pursuant to RCW 80.36.320 (2). These services shall not include alternate operator services as defined in WAC 480-120-141. 4. PrimeCall should be granted waivers of the laws and rules listed in Appendix A; waivers of laws and rules requested that are not included in Appendix A should be denied. ORDER THE COMMISSION ORDERS: 1. After the effective date of this Order and subject to any conditions imposed, the petition of RSL COM PrimeCall, Inc., for classification as a competitive tele-communications company, is approved; waiver of the laws and rules in Appendix A is granted. 2. The proposed price list of RSL COM PrimeCall, Inc., for rates and services is approved. 3. RSL COM PrimeCall, Inc., is authorized to offer rates and services pursuant to price list in the format prescribed by the Commission. The price list approved in this proceeding, and subsequent changes to that price list, become effective only after ten days notice to the Commission and to customers. In the event of a price list reduction, or of a change in terms and conditions which do not have rate impact, personal notice to customers is not required. To comply with the statutory notice requirement, RSL COM PrimeCall, Inc., may publish notice of price reductions or changes in terms and conditions of service that do not have rate impact by a display advertisement in such newspaper(s) as are geographically situated to be circulated throughout the Company’s service area. 4. RSL COM PrimeCall, Inc., is not authorized to provide alternate operator services as defined in WAC 480-120-141. 5. The Commission retains jurisdiction over the subject matter and the Company to effectuate the terms of this Order. DATED at Olympia, Washington, and effective this 14th day of April, 1999. WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION CAROLE J. WASHBURN, Secretary DOCKET UT-990442 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