BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION In the Matter of the Petition of Qwest Communications Corporation LCI International Telecom Corp. USLD Communications, Inc. Phoenix Network, Inc., and TeleDistance, Inc., For Waiver of WAC 480-120-139. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ) ) ) ) ) ) ) ) ) ) DOCKET UT-000257 ORDER GRANTING LIMITED WAIVER OF RULES BACKGROUND On February 24, 2000, Qwest Communications Corporation, LCI International Telecom Corp., USLD Communications, Inc., and Phoenix Network, Inc., (collectively “the Qwest Subs”), and TeleDistance, Inc. (TeleDistance) jointly filed a petition requesting waiver of WAC 480-120-139 for the transfer of intralata and interexchange toll customers from the Qwest Subs to TeleDistance. Under WAC 480-120-139, “Changes in local exchange and intrastate toll services,” TeleDistance cannot submit a change in a customer’s intrastate toll service without confirming the customer’s authorization in accordance with requirements in the rule. DISCUSSION In order to comply with Section 271 of the Communications Act of 1934, as amended in 1996, Qwest Communications International, Inc. (Qwest Inc.), must divest itself of all prohibited interlata services prior to the consummation of its proposed merger with U S WEST Communications, Inc. (U S WEST). The Qwest Subs are subsidiaries of Qwest, Inc. Prior to the U S WEST/Qwest Inc., merger Touch America, Inc., will purchase the stock of TeleDistance Holdings, Inc. (TD Holdings), a wholly owned subsidiary of Qwest Inc., which holds all of the stock of TeleDistance. Shortly before or after Touch America, Inc., acquires control over TD Holdings and TeleDistance the corporate name of TD Holdings will be changed to Touch America Services Holdings, Inc. (TA Holdings), and the corporate name of TeleDistance will be changed to Touch America Services, Inc. (TA Services). Upon the assignment of assets of the Qwest Subs to TeleDistance, the Qwest Subs customers will be transferred to TeleDistance without authorization from each customer. This request is limited specifically to this transference of Qwest Subs’ customer base to TeleDistance. Customer notices have been reviewed and will be mailed to all affected customers informing them of their options. TeleDistance and TA Services have agreed the customers will bear no charge for the transfer of their service to TeleDistance or for any ensuing change to another carrier of the customer’s choice within 60 days of the notice of the transfer. TeleDistance and TA Services agreed to maintain the customers’ existing rates, terms and conditions for a period of 90 days following the consummation of the stock transfer. This matter was brought before the Commission at its May 24, 2000, regularly scheduled open meeting, recessed and continued on May 30, 2000. FINDINGS OF FACT 1. Qwest Communications Corporation, LCI International Telecom Corp., USLD Communications, Inc., and Phoenix Network, Inc., and TeleDistance, Inc., are public service companies subject to the jurisdiction of this Commission under the provisions of chapter 80.36 RCW. 2. The limited waiver of WAC 480-120-139 as described above, is reasonable and consistent with the public interest, and should therefore be approved. O R D E R THE COMMISSION ORDERS: After the effective date of this order, TeleDistance, Inc., is hereby granted a limited waiver of WAC 480-120-139, for the initial transfer of intralata and interexchange toll customers from Qwest Communications Corporation, LCI International Telecom Corp., USLD Communications, Inc., and Phoenix Network, Inc. DATED at Olympia, Washington, and effective this 30th day of May, 2000. WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION MARILYN SHOWALTER, Chairwoman WILLIAM R. GILLIS, Commissioner