BEFORE THE
WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION



IN THE MATTER OF CUSTOMER )
PROPRIETARY NETWORK  )     DOCKET NO. UT-971514
INFORMATION AND REVISIONS )
TO WAC 480-120-139(5)(a)  ) JOINT COMMENTS OF GTE,
      ) WITA, USWC, AT&T,  MCI,
________________________________) AND SPRINT

JOINT COMMENTS  - 1

 GTE Northwest Incorporated (“GTE”), the Washington Independent Telephone 
Association (“WITA”), U S West Communications Incorporated (“USWC”), AT&T 
Communications of the Pacific Northwest, Inc. (“AT&T”), MCI Telecommunications 
Corporation (“MCI”), and United Telephone Company of the Northwest, dba Sprint 
(“Sprint”) (together, the “Joint Parties”) join in their comments at this stage 
of this proceeding.  In view of the extensive proceedings on these issues being 
undertaken before the Federal Communications Commission, the Washington 
Utilities and Transportation Commission (the “Commission”) should refrain from 
additional state regulation of customer proprietary network information 
(“CPNI”).
 The FCC’s Second Report and Order in its CPNI proceeding, CC Docket 96-115, 
established a set of procedures regulating carriers’ use of CPNI.  FCC Order 
No. 98-27 (hereafter, the “Second Report and Order”).  That order is far from 
perfect.  Indeed, in several respects the Second Report and Order is unworkable 
and unlawful, and some of the Joint Parties have filed, or will soon be filing, 
requests for forbearance, clarification and/or reconsideration of that order, 
or have already commenced or will shortly commence proceedings seeking judicial 
review.
 The Second Report and Order does, however, purport to implement Congress’ 
“balance of `both competitive and consumer privacy interests with respect to 
CPNI.’” Second Report and Order, at Para. 3, quoting Joint Statement of 
Managers, S. Conf. Rep. No. 104-230, 104th Cong., 2d Sess., 205 (1996).  As 
such, the FCC order addresses the precise concerns motivating this Commission 
to protect CPNI.  Certainly an outright prohibition of all use of CPNI -- as is 
the effect of WAC 480-120-139(5)(a) --is in direct conflict with the FCC’s 
order.  Since the FCC’s order applies to both interstate and intrastate 
communications, Second Report and Order, Para. 20, there is no need for 
separate state regulations on this topic. This Commission has already 
recognized in this docket that the use of CPNI is limited by federal law in a 
manner that protects the public interest.  Order Granting Waiver of Rules, 
Finding No. 4, page 2.
 Moreover, the FCC indicated that conflicting state regulations concerning CPNI 
would be subject to case-by-case examination, and preemption:
State rules that would likely be vulnerable to preemption would include those 
permitting greater carrier use of CPNI than section 222 and our implementing 
regulations announced herein, as well as those state regulations that sought to 
impose more limitations on carriers’ use.

Second Report and Order, Para. 18.  In these circumstances,  the Commission 
should not proceed with further CPNI rules.  
 Aside from the fact that regulations imposing additional restrictions on CPNI 
use would be preempted, the Commission should not enact Washington-specific 
CPNI rules on policy grounds.  A multiplicity of unique state CPNI restrictions 
would certainly impair carriers’ marketing efforts.  These marketing efforts 
are a necessity for competition in telecommunications to become a reality, 
rather than just a policy goal.  See, Second Report and Order, at Para. 20, n. 
87.  The Commission should not impair one of the tools necessary for effective 
competition.
 The CPNI restrictions contained in WAC 480-120-139(5)(a), are unnecessary, 
preempted by federal law, and an impairment of competition.  The Joint Parties 
therefore recommend that WAC 480-120-139(5)(a) be eliminated.  In the 
alternative, the current waiver of that rule should be maintained until after 
the completion of the FCC’s CPNI rule-making, and any judicial review of that 
proceeding.
 Respectfully submitted this 20th day of May, 1998.
      GTE NORTHWEST INCORPORATED


      By_________________________________
       Timothy J. O’Connell WSBA #15372
       Its Attorney
       1800 41st Street WA0105LE
       Everett, WA 98201
 `      Phone: 425-261-5008
       Fax: 425-258-9275

      AT& T COMMUNICATIONS OF THE
      PACIFIC NORTHWEST, INC.
      Susan D. Proctor
      1875 Lawrence St., Ste. 1575
      Denver, CO 20202
      Phone: 303-298-6164

      MCI TELECOMMUNICATIONS
      CORPORATION
      Rogelio E. Peña, Its Attorney
      707 17th Street, Ste. 3600
      Denver, CO 80202
      Phone: 303-390-6106
      Fax: 303-390-6333

      UNITED TELEPHONE COMPANY OF
      THE NORTHWEST dba SPRINT
      Nancy L. Judy
      Assistant Vice-President, External Affairs
      902 Wasco Street
      Hood River, OR 97031
      Phone: 541-387-9789
      Fax: 541-387-9753    

      US WEST COMMUNICATIONS
      INCORPORATED
      Lisa A. Anderl, its Attorney
      1600 7th Ave.,  Rm. 3208
      Seattle, WA 98191
      Phone: 206-343-4052
      Fax: 206-343-4040        
      WASHINGTON INDEPENDENT 
      TELEPHONE ASSOCIATION
      Richard A. Finnigan
      2405 Evergreen Park Dr. SW. Ste. B-1
      Olympia, WA 98502
      Phone: 360-956-7001
      Fax: 360-753-6862

      

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