BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION In the Matter of the Petition of INFO USA, d/b/a “THE GO CARD” For Classification as a Competitive Telecommunications Company. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ) ) ) ) ) ) ) ) DOCKET UT-980208 ORDER GRANTING PETITION FOR COMPETITIVE CLASSIFICATION AND APPROVING PRICE LIST By petition filed February 24, 1998, in Docket UT-980208, Info USA, d/b/a “The Go Card” (Info USA) seeks classification as a competitive telecommunications company, and approval of its proposed price list pursuant to RCW 80.36.320. Info USA was registered with the Commission in Docket UT-971025 as a telecommunications company to provide prepaid calling card service to the public. In support of its petition, Info USA alleges inter alia that its services compete with other interexchange carriers’ telecommunication services. Info USA states that customers have readily available equivalent alternatives and that there are no captive customers of the company’s services. Info USA is a Washington individual proprietorship, headquartered in Auburn, Washington, and is owned by John C. Schultz and/or Rita J. Schultz. Rates, terms, and conditions set forth in the proposed price list are structured similarly to rates filed by other interexchange carriers for calls placed in the relevant market. Info USA has provided information showing that it meets the requirements of RCW 80.36.350. In conjunction with classification, the company is seeking waiver of: RCW 80.04.300 Budgets to be filed by companies--Supplementary budgets RCW 80.04.310 Commission’s control over expenditures RCW 80.04.320 Budget rules RCW 80.04.330 Effect of unauthorized expenditure--Emergencies RCW 80.04.360 Earnings in excess of reasonable rate--Consideration in fixing rates RCW 80.04.460 Investigation of accidents RCW 80.04.520 Lease of utility facilities RCW 80.36.100 Tariff schedules to be filed and open to public RCW 80.36.110 Tariff changes--Statutory notice--Exception Chapter 80.08 RCW Securities (except RCW 80.08.140) Chapter 80.12 RCW Transfers of Property Chapter 80.16 RCW Affiliated interests Chapter 480-80 WAC Tariffs Chapter 480-140 WAC Budgets Chapter 480-143 WAC Transfers of Property Chapter 480-146 WAC Securities and affiliated interests WAC 480-120-026 Tariffs WAC 480-120-031 Accounting WAC 480-120-032 Accounting-Political information and political education activities WAC 480-120-036 Finance--Securities, affiliated interest, transfers of property WAC 480-120-046 Services offered WAC 480-120-131 Reports of accidents Rules invoked include WAC 480-120-022, WAC 480-120-023, WAC 480-120-024, and WAC 480-120-025. Statutes invoked include RCW 80.36.320. The ultimate issues are whether Info USA should be classified as a competitive telecommu- nications company, its proposed price list should be approved, and the extent to which it should be relieved of regulatory requirements to which it would otherwise be subject. FINDINGS OF FACT DOCKET UT-980208 PAGE 1 1. Info USA is registered with the Commission as a telecommunications company to provide prepaid calling card service to the public. 2. Info USA filed a petition for classification as a competitive telecom- munications company pursuant to the provisions of RCW 80.36.320. 3. As to form, the petition meets the requirements of RCW 80.36.320, and the Commission’s rules and regulations. 4. Alternative providers of service to that of Info USA include, but are not limited to, AT&T Communications of the Pacific Northwest, Inc., GTE Communica- tions Corporation, MCI Communications Corporation, and Sprint Communications Company. All services are fully available from alternative providers in the relevant market. 5. The relevant market is the state of Washington. 6. Info USA has no captive customer base. 7. The services offered are subject to effective competition. 8. Info USA should be permitted to provide services under its pro-posed price list. 9. Info USA requested waivers of certain laws and rules relating to telecommunications services. The laws and rules for which waivers should be granted are listed on Appendix A, incorporated by this reference and made a part of this Order. CONCLUSIONS OF LAW 1. The Washington Utilities and Transportation Commission has jurisdiction over the subject matter of this classification proceeding and the parties. 2. Info USA should be classified as a competitive telecommunications company pursuant to RCW 80.36.320(1). 3. Info USA should be permitted to provide services under price lists pursuant to RCW 80.36.320 (2). These services will not include alternate operator services as defined in WAC 480-120-141. 4. Info USA should be granted waiver of the laws and rules listed in Appendix A; waiver of laws and rules requested that are not included in Appendix A should be denied. O R D E R THE COMMISSION ORDERS: 1. The petition of Info USA, d/b/a “The Go Card” for classification as a competitive telecommunications company is approved; waiver of the laws and rules listed in the attached Appendix A is granted. 2. The proposed price list of Info USA, d/b/a “The Go Card” for rates and services, is approved. 3. As a telecommunications company providing service to the public in this state, Info USA, d/b/a “The Go Card” is subject to the jurisdiction of this Commis- sion under the provisions of Title 80 RCW and all rules and regulations adopted by the Commission. 4. Info USA, d/b/a “The Go Card” is authorized to offer rates and services pursuant to price list in the format prescribed by the Commission; the price list approved in this proceeding, and subsequent changes to that price list, become effective only after ten days notice to the Commission and to customers. In the event of a price list reduction or of a change in terms and conditions which do not have rate impact, personal notice to customers will not be required. To comply with the statutory notice requirement, Info USA, d/b/a “The Go Card” will have the option to publish notice of price reductions or changes in terms and conditions of service which do not have rate impact by a display advertisement in such newspaper(s) as are geographically situated to be circulated over the company's service area. 5. The services offered by Info USA, d/b/a “The Go Card” are not to include alternate operator services as defined in WAC 480-120-141. 6. The Commission retains jurisdiction over the subject matter and the parties to effectuate the terms of this Order. DATED at Olympia, Washington, and effective this 28th day of October, 1998. WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION CAROLE J. WASHBURN Secretary DOCKET UT-980208 APPENDIX A RCW 80.04.300 Budgets to be filed by companies--Supplementary budgets RCW 80.04.310 Commission’s control over expenditures RCW 80.04.320 Budget rules RCW 80.04.330 Effect of unauthorized expenditure--Emergencies RCW 80.04.360 Earnings in excess of reasonable rate--Consideration in fixing rates RCW 80.04.460 Investigation of accidents RCW 80.04.520 Lease of utility facilities RCW 80.36.100 Tariff schedules to be filed and open to public RCW 80.36.110 Tariff changes--Statutory notice--Exception Chapter 80.08 RCW Securities (except RCW 80.08.140, State not obligated) Chapter 80.12 RCW Transfers of Property Chapter 80.16 RCW Affiliated interests Chapter 480-80 WAC Tariffs Chapter 480-140 WAC Budgets Chapter 480-143 WAC Transfers of Property Chapter 480-146 WAC Securities and affiliated interests WAC 480-120-026 Tariffs WAC 480-120-031 Accounting WAC 480-120-032 Accounting-Political information and political education activities WAC 480-120-036 Finance--Securities, affiliated interest, transfers of property WAC 480-120-046 Services offered WAC 480-120-131 Reports of accidents