BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION In the Matter of the Petition of ) ) KALAMA TELEPHONE COMPANY ) DOCKET NO. UT-980344 ) for Suspension and/or modification ) of Section 251 (b)(3) Requirements ) and Suspension of Enforcement ) ) ORDER GRANTING PETITION . . . . . . . . . . . . . . . . . .) By petition filed August 13, 1998, Kalama Telephone Company (Company), seeks approval in Docket No. UT-980344 of its petition for temporary suspension or modification of subsection 251 (b)(3) requirements and suspension of enforcement pursuant to subsection 251(f)(2) of the Telecommunications Act of 1996 (the Act). Under Section 251(f)(2) of the Act, any local exchange carrier with fewer than two percent of the nation’s subscriber lines may petition a state commission for suspension or modification of the requirements imposed by Section 251(b). The requirement to provide dialing parity and comply with the FCC’s rules on dialing parity is contained in Section 251(b)(3) of the Act. The state public utility commission has authority under the Act to review a petition and determine whether or not the suspension or modification of a requirement is necessary, among other things, to avoid imposing a requirement that is unduly economically burdensome when the action is consistent with the public interest, convenience and necessity. While considering a petition, the Commission is authorized to suspend the enforcement of the requirements to which the petition applies with respect to the petition carrier or carriers. In this proceeding, the Company is a carrier eligible to seek a suspension of the dialing parity requirements. Since the implementation of dialing parity involves evaluation of the costs to upgrade the Company’s existing switches and billing, the Commission agrees that the Company needs time to accomplish the tasks. The Company should be required to file a plan by September 30, 1998. After the Commission approves the plan, the Company will be required to implement dialing parity on or before February 8, 1999. After reviewing the petition and the bases for the relief requested, the Commission makes the following findings and conclusions. DOCKET UT-980344 PAGE 1 FINDINGS OF FACT AND CONCLUSIONS OF LAW 1. The Commission has jurisdiction over this matter under RCW 80.01.040(3); Chapter 337, section 2, Laws of 1998; and 47 U.S.C. section 251(b)(3). 2. The Washington Utilities and Transportation Commission has authority to consider a petition from a local exchange carrier with fewer than two percent of the nation’s subscriber lines to suspend or modify a requirement imposed by Section 251(b) of the Act. 3. Kalama Telephone Company is a carrier that is eligible to seek a waiver under Section 251(f)(2) of the Act of the dialing parity requirements contained in Section 251(b). ORDER THE COMMISSION ORDERS That the petition of Kalama Telephone Company for temporary suspension or modification of enforcement of the IntraLATA dialing parity requirements is granted on an interim basis, and that the Company file a dialing parity plan no later than September 30, 1998, and implement dialing parity no later than February 8, 1999. DATED at Olympia, Washington, and effective this 9th day of September 1998. WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION ANNE LEVINSON, Chair RICHARD HEMSTAD, Commissioner WILLIAM R. GILLIS, Commissioner