BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION 
In the Matter of the Application of 
M&L ENTERPRISES 
For Registration as a Telecommunications Company, requested waiver of WAC 480- 
121-010, and Approval of Tariff Pages on Less than Statutory Notice
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	)	DOCKET UT-000943
		ORDER AUTHORIZING REGISTRATION; GRANTING WAIVER OF WAC 480-121-010; AND 
GRANTING LESS THAN STATUTORY NOTICE

BACKGROUND
                  By application filed June 19, 2000, in Docket UT-000943, M&L 
Enterprises (M&L) seeks registration as a telecommunications company pursuant 
to RCW 80.36.350, and requests a waiver of WAC 480-121-010, Filing of 
Registration Application, Competitive Classification Petition, and Price List. 
In accordance with WAC 480-80-240, Less Than Statutory Notice, M&L also 
requests that the tariff pages relating to its local access and network access 
services submitted with the application become effective on less than statutory 
notice.
DISCUSSION 
                  M&L proposes to register with the Commission as a 
telecommunications company to offer basic telecommunications services beginning 
in October, 2000, to people in Fire District #12 in the Mt. Hull area near 
Oroville and Tonasket. To do so, M&L may use copper or fiber optic transmission 
materials and methods. As a prerequisite for many of the necessary steps 
involved in preparing to construct facilities to serve the people who live in 
the area, M&L requires a registration at this time.
                  WAC 480-121-010 requires that applications for registration, 
petitions for competitive classification, and price lists must be submitted at 
the same time. M&L requests a waiver of the competitive classification and 
price list requirements in WAC 480-121-010 because it will not face effective 
competition when it plans to commence service, so it is currently unable to 
support a petition for competitive classification. Therefore, M&L is not 
permitted to file a price list.
                  In accordance with WAC 480-80-240, M&L provided tariff pages 
that cover the terms and conditions of local access and network access service 
on fewer than 30 days notice to the Commission and the public. M&L requests 
approval of those pages on less than statutory notice. Approval of these tariff 
sheets on less than statutory notice will enable M&L to secure the loan 
necessary to purchase equipment necessary to begin providing service in 
October, 2000. Staff has analyzed the tariff pages and finds them to be fair, 
just, reasonable and sufficient.
                  M&L is a foreign corporation, registered to do business in 
Washington, and headquartered in Midvale, Idaho, and is owned by Lane and Mary 
Williams. 
                  M&L has provided information showing that it meets the 
requirements of RCW 80.36.350. Applicant intends to collect deposits from 
customers.
                  This matter was brought before the Commission at its 
regularly scheduled open meeting on June 28, 2000. The Commissioners, having 
been fully advised in the matter, and having determined the following order to 
be consistent with the public interest, directed the Secretary to enter the 
following order and related provisions. 
FINDINGS OF FACT 
                 1.          M&L filed an application for registration as a 
telecommunications company pursuant to the provisions of RCW 80.36.350 to 
provide basic telecommunications services in the Mt. Hull area near Oroville 
and Tonasket.
        
                 2.          M&L has requested a waiver of WAC 480-121-010 in 
accordance with WAC 480-121-015.
                 3.          In accordance with WAC 480-80-240, M&L has 
requested that its tariff pages become effective on less than statutory notice 
on June 29, 2000.
                 4.          As to form, the application meets the requirements 
of RCW 80.36.350 and complies with the Commission's rules and regulations 
except as waived by this Order.
                 5.          The registration of M&L as a telecommunications 
company is consistent with the public interest.
                 6.          In this proceeding, the Commission in no way 
endorses the financial viability of applicant nor the investment quality of any 
securities it may issue.
CONCLUSIONS OF LAW
                 1.          The Washington Utilities and Transportation 
Commission has jurisdiction over the subject matter of this registration 
application and M&L.
                 2.          M&L should be registered as a telecommunications 
company pursuant to RCW 80.36.350.
                 3.          The request for waiver of WAC 480-121-010 by M&L 
is consistent with the public interest and should be granted. 
                 4.          The request for less than statutory notice is 
consistent with the public interest and the tariff pages should become 
effective June 29, 2000. 
ORDER
                 THE COMMISSION ORDERS: 
                 1.          Effective on the date of this Order and subject to 
any conditions imposed, the Commission approves the application of M&L 
Enterprises requesting an order authorizing registration as a 
telecommunications company to provide service to the public in this state.
        
                 2.          Effective on the date of this Order and subject to 
any conditions imposed, the Commission grants the request of M&L Enterprises 
for a waiver of WAC 480-121-010, Filing of Registration Application, 
Competitive Classification Petition, and Price List.
                 3.          Effective on the date of this Order and subject to 
any conditions imposed, the Commission grants the request of M&L Enterprises 
for less than statutory notice of the tariff pages. The tariff pages submitted 
by M&L Enterprises will become effective on June 29, 2000.
                 
                 4.          Prior to providing service M&L Enterprises must 
file a complete tariff subject to the Commission's approval with an inserted 
effective date providing no less than 30 days of notice.
                 5.          Registration of M&L Enterprises as a 
telecommunications company shall not be construed as an endorsement of 
financial viability nor of the investment quality of any securities it may 
issue.
                 6.          As a telecommunications company providing service 
to the public in this state, M&L Enterprises is subject to the jurisdiction of 
this Commission under the provisions of Title 80 RCW and all rules and 
regulations adopted by the Commission. 
                 7.          M&L Enterprises is not authorized to provide 
alternate operator services, or prepaid calling services. 
                 8.          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 28th day of 
June, 2000.
                  WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION
                                                     CAROLE J. WASHBURN, 
Secretary