Dockets UT-980491 and UT-980492 Page 1 BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION In the Matter of the Applications ) of Level 3 Communications LLC ) DOCKET UT-980491 and for an Order Authorizing Registration ) DOCKET UT-980492 as a Telecommunications Company ) ) ORDER GRANTING And to Provide Local Exchange ) REGISTRATION APPLICATION Services and Authorizing ) AND AUTHORIZING THE Provision of Intraexchange ) PROVISION OF Telecommunications Services ) INTEREXCHANGE SWITCHED ) INTRAEXCHANGE ) TELECOMMUNICATIONS ........................................................................) SERVICES On March 30, 1998, Level 3 Communications, LLC (Level 3) filed applications for registration, pursuant to RCW 80.36.350, for authority to provide interexchange and local exchange telecommunication services in Washington. The applicant proposes to offer resold and facilities based switched and dedicated direct dial long distance, switched and dedicated inbound 800/888, and access services to the public. Level 3 also plans to offer a range of local exchange services. Level 3 plans to offer Washington customers both local service and switched access services, and these services may be equipped with various features and functions. Level 3 will provide customers access to 911 emergency services, directory assistance, operator assisted services, relay services, lifeline service and will also provide vertical features such as call waiting, call forwarding and Caller I.D. Level 3 is a limited liability company, headquartered in Omaha, Nebraska and is owned by its member company, PKS Information Services, Inc., which in turn is wholly owned by Level 3 Communications, Inc. Level 3’s Washington facilities-based operations will utilize switching and fiber optic facilities to provide broadband digital communications services and will purchase wholesale basic local exchange services from incumbent local exchange companies. Level 3 has voluntarily committed to collect and remit to appropriate administrative agencies relevant excise taxes in support of various social programs, including enhanced 911, telecommunications relay services, and lifeline. Level 3 does not propose to collect advanced payments or deposits from customers. Level 3 has provided information showing that it meets the requirements of RCW 80.36.350. FINDINGS THE COMMISSION FINDS: 1. Level 3 Communications, LLC is a public service company subject to the jurisdiction of this Commission under the provisions of chapter 80.36 RCW. 2. As to form, the applications filed by Level 3 Communications, LLC meets the requirements of RCW 80.36.350 and the rules and regulations of the Commission adopted pursuant thereto. 3. It appears, upon investigation, that the request for authority to provide interexchange and intraexchange switched telecommunications services should be approved. 4. In this proceeding, the Commission in no way endorses the financial viability of applicant nor the investment quality of any securities it may issue. O R D E R THE COMMISSION ORDERS: 1. After the effective date of this order and subject to the conditions hereof, the Commission approves the applications of Level 3 Communications, LLC filed pursuant to RCW 80.36.350 for registration as a telecommunications company to provide interexchange and switched intraexchange telecommunications services is hereby granted. 2. This order shall in no way affect the authority of this Commission over rates, service, accounts, valuations, estimates or determination of costs, or any matters whatsoever that may come before it, nor shall anything herein be construed as an acquiescence in any estimate or determination of costs, or any valuation of property claimed or asserted. 3. The proposed tariff as filed and amended, in Exhibit G attached to the applications, is satisfactory. Prior to supplying service to the public as a long distance and local exchange carrier or provision of resold services of incumbent and other local exchange carriers, Level 3 Communications, LLC shall file and receive permission and approval for an initial tariff with the Commission. The tariff shall bear an effective date not less than 30 days subsequent to the date of receipt by the Commission. 4. As a telecommunications company providing service to the public in this state, Level 3 Communications, LLC is subject to the jurisdiction of this Commission under the provisions of Title 80 RCW and all rules and regulations of the Commission adopted pursuant thereto. 5. Level 3 Communications, LLC shall not collect advanced payments or deposits without first showing that it has a satisfactory arrangement to protect customer monies as stated in WAC 480-121-040. DATED at Olympia, Washington, and effective this 22nd day of April, 1998. WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION PAUL CURL, Acting Secretary