BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION

In the Matter of the Application and Petition of
NCI DATA.COM, INC.,
For Registration as a Telecommunications Company and Classification as a 
Competitive Telecommunications Company.
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	)	DOCKET UT-000400
		ORDER AUTHORIZING REGISTRATION AND GRANTING PETITION FOR COMPETITIVE 
CLASSIFICATION 
 	 	 

BACKGROUND 
                  By petition filed March 20, 2000, in Docket UT-000400, NCI 
Data.com, Inc., (NCI) seeks registration as a telecommunications company and 
classification as a competitive telecommunications company pursuant to RCW 
80.36.350 and 80.36.320. NCI also filed an initial price list. The registration 
application and competitive classification petition were brought before the 
Commission for its approval at its regularly scheduled open public meeting of 
April 12, 2000. 
                 
DISCUSSION 
            NCI proposes to register with the Commission as a 
telecommunications company to offer the services specified in Exhibit A of its 
application. Services specified in Exhibit A but not included in its initial 
price list may not be offered until applicant amends its price list to include 
the description of service with rates and charges. In support of its petition, 
NCI asserts that its services compete with other interexchange and local 
exchange carriers telecommunication services. NCI states that customers have 
readily available equivalent alternatives and that there are no captive 
customers of the Company's services. 
                  NCI is a Washington corporation, headquartered in Omak, 
Washington, and is owned by John and Rebecca Andrist. Rates, terms, and 
conditions set forth in the initial price list are structured similarly to 
rates filed by other interexchange and local exchange carriers for calls placed 
in the relevant market.
                  NCI has provided information showing that it meets the 
requirements of RCW 80.36.350. Applicant does not propose to collect deposits 
from customers, or provide alternate operator services, or prepaid calling 
services.
                  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 interests, 
transfer 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 
and RCW 80.36.350. The ultimate issues are whether NCI should be registered as 
a telecommunications company, whether it should be classified as a competitive 
telecommunications company, and the extent to which it should be relieved of 
regulatory requirements to which it would otherwise be subject.
FINDINGS OF FACT
                 
                 1.          NCI filed an application for registration as a 
telecommunications company and a petition for classification as a competitive 
telecommunications company pursuant to the provisions of RCW 80.36.350 and 
80.36.320, to provide the services specified in Exhibit A of its application.
                 2.          As to form, the application and petition meet the 
requirements of RCW 80.36.350 and 80.36.320, and comply with the Commission's 
rules and regulations.
                 3.          The registration of NCI as a telecommunications 
company is not inconsistent with the public interest.
                 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. 
                 5.          Alternative providers of service to that of NCI 
include, but are not limited to, U S WEST Communications, Inc., GTE Northwest 
Incorporated, MCIWorldCom, and Sprint Communications Company L.P. All services 
are fully available from alternative providers in the relevant market. 
                 6.          The relevant market is the state of Washington.
                 7.          NCI has no captive customer base.
                 8.          NCI should be permitted to provide services under 
price list.
                 9.          NCI requested waivers of certain laws and rules 
relating to telecommunications services. The laws and rules for which waivers 
should be granted are listed in 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 NCI.
                 2.          The services offered are subject to effective 
competition.
                 3.          NCI should be registered as a telecommunications 
company pursuant to RCW 80.36.350 and classified as a competitive 
telecommunications company pursuant to RCW 80.36.320(1).
                 4.          NCI should be permitted to provide services under 
price lists promulgated under RCW 80.36.320 (2). These services shall not 
include collecting deposits from customers, or providing alternate operator 
services, or prepaid calling services. 
                 5.          NCI should be granted waivers of the laws and 
rules listed in Appendix A. 
ORDER
                 THE COMMISSION ORDERS: 
                 1.          Effective on the date of this Order and subject to 
any conditions imposed, the Commission approves the application of NCI 
Data.com, Inc., requesting an order authorizing registration as a 
telecommunications company to provide service to the public in this state.
                 2.          The Commission approves the petition of NCI 
Data.com, Inc., for classification as a competitive telecommunications company; 
and grants a waiver of the laws and rules listed in the attached Appendix A.
                 3.          NCI Data.com, Inc., shall be permitted to provide 
services under price list. 
                 4.          Registration of NCI Data.com, Inc., as a 
telecommunications company shall not be construed as an endorsement of 
financial viability or of the investment quality of any securities it may issue.
                 5.          As a telecommunications company providing service 
to the public in this state, NCI Data.com, Inc., is subject to the jurisdiction 
of this Commission under the provisions of Title 80 RCW and all rules and 
regulations adopted by the Commission. 
                 6.          NCI Data.com, Inc., is authorized to offer rates 
and services pursuant to the price list in the format prescribed by the 
Commission. Any price list filed by NCI Data.com, Inc., and subsequent changes 
to these price lists, shall 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 that do not have rate impact, personal notice to 
customers is not required. To comply with the statutory notice requirement, NCI 
Data.com, Inc., may publish notice of price reductions or changes in terms and 
conditions of service that 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.
                 7.          NCI Data.com, Inc., is not authorized to collect 
deposits from customers, or to provide alternate operator services, or prepaid 
calling services.
                 8.          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 12th day of 
April, 2000.
                  WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION
                                                              CAROLE J. 
WASHBURN,         Secretary