BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION In the Matter of the Petition of: ) ) DOCKET UT-000964 PNG Telecommunications, Inc. ) For waiver of WAC 480-120-139 ) ORDER GRANTING LIMITED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ) WAIVER OF RULES On June 22, 2000, PNG Telecommunications, Inc., (PNG), filed a petition requesting waiver of WAC 480-120-139 for the transfer of intrastate intralata and interexchange toll customers from Broadwing Communications Services, Inc., (Broadwing). The reason for this request is because PNG purchased a selected customer base of Broadwing whose accounts comprise of intrastate intralata and interexchange presubscribed long distance services. Under WAC 480-120-139, "Changes in local exchange and intrastate toll services," PNG would not be able to submit a change in a customer's intrastate toll service without confirming the customer's authorization in accordance with requirements in the rule. This request is limited specifically to this transfer of a portion of Broadwing's customer base. Customer notices have been reviewed and will be mailed to all affected customers informing them of their options. Broadwing will continue to serve as the underlying facilities-based carrier for these customers. Therefore, there will not be any charge to the affected customers for changing their primary interexchange carrier to PNG. PNG will credit charges imposed to customers who change to another interexchange carrier within 60 days of the initial transfer to PNG. PNG's products and services are similar to those offered by Broadwing. PNG will provide Broadwing customers rates that are the same or lower than the existing Broadwing rates for a period of 90 days. This matter was brought before the Commission at its regularly scheduled open meeting on September 13, 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 1. PNG Telecommunications, Inc., and Broadwing Communications Services, 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, PNG Telecommunications, Inc., is hereby granted a limited waiver of WAC 480-120-139, for the initial transfer of intrastate intralata and interexchange toll customers from Broadwing Communications Services, Inc., and such transfer is hereby authorized. DATED at Olympia, Washington, and effective this 13th day of September, 2000. WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION CAROLE J. WASHBURN, Secretary