BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION In the Matter of the Petition of ADVANCED TELCOM GROUP, INC. For Waiver of WAC 480-120-540. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ) ) ) ) ) ) ) ) ) DOCKET UT-991580 ORDER GRANTING WAIVER OF WAC 480-120-540 BACKGROUND By petition filed October 20, 1999, in Docket UT-991580, Advanced TelCom Group, Inc., (ATG) requests a waiver of WAC 480-120-540, terminating access charges. The waiver request was brought before the Commission at its regularly scheduled open public meeting of November 15, 1999. DISCUSSION ATG is a facilities-based telecommunications company. In Docket UT-981279, ATG was registered, classified as a competitive telecommunications company, and authorized to provide intraexchange and interexchange telecommunications services throughout the state of Washington. On October 15, 1999, ATG filed a price list with the Commission that established a rate for terminating switched access service equal to the combination of the rates charged by U S WEST Communications, Inc., for terminating switched access itself and for a universal service element applied to terminating access. WAC 480-120-540 only permits a local exchange company to include in its terminating switched access rates a charge for recovery of any costs for support of universal access to basic telecommunications service when authorized by the Commission. ATG is not currently authorized to do so, nor has it ever demonstrated any universal access costs of the type of those solicited and examined in Docket UT-980311(a). In Docket UT-990307 the Commission granted a waiver of WAC 480-120-540 to five competitively classified local exchange carriers subject to conditions. Therefore, ATG is also requesting a waiver of WAC 480-120-540, at this time. The Commission has the authority to impose conditions on our waiver of WAC 480-120-540 for ATG, and we find it is reasonable and appropriate to do so in this instance. We will require ATG to file price lists for terminating access service at rates not to exceed those charged by U S WEST Communications, Inc., and GTE Northwest Incorporated in their respective service territories. The Commission notes that RCW 80.36.320(4) authorizes the Commission to “revoke any waivers it grants” and to “reclassify any competitive telecommunications company if the revocation or reclassification would protect the public interest.” Our action granting waiver of WAC 480-120-540 is an interim step, and we may revisit waiver of the rule upon consideration of any new universal service funding measures or programs. ORDER THE COMMISSION ORDERS That the request for waiver by Advanced Docket UT-991580 Page 1 TelCom Group, Inc., of WAC 480-120-540, terminating Access Charges, is granted as conditioned in the text of this Order. DATED at Olympia, Washington, and effective this 15th day of November, 1999. WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION CAROLE J. WASHBURN, Secretary