BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION In the Matter of the Petition of ) ) DOCKET UT-001551 Time Warner Telecom of Washington LLC ) ) ORDER GRANTING LIMITED For Waiver of WAC 480-120-139. ) WAIVER OF RULES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ) BACKGROUND On October 16, 2000, Time Warner Telecom of Washington LLC (Time Warner), filed a petition requesting waiver of WAC 480-120-139 for the transfer of intrastate intralata and interlata toll customers from GST Telecom Washington, Inc., (GST) to Time Warner. The reason for this request is because GST filed in the United States Bankruptcy Court for the District of Delaware for protection under Chapter 11 of the U.S. Bankruptcy Code. Subsequently, Time Warner is acquiring the assets of GST to include a selected customer base of GST whose accounts are comprised of intrastate intralata and interlata long distance services. Under WAC 480-120-139, "Changes in local exchange and intrastate toll services," Time Warner 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 transference of GST's customer base to Time Warner. Customer notices have been reviewed and will be mailed to all affected customers informing them of their options. Time Warner will credit any charge imposed by local exchange carriers for changing their primary interexchange carriers to Time Warner and to any interexchange carrier of the customer's choice within 90 days of the initial transfer. Time Warner's products and services are similar to those offered by GST. Time Warner will provide GST customers rates that are the same as GST's existing rates for a period of 90 days. This matter was brought before the Commission at its regularly scheduled open meeting on November 8, 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. Time Warner Telecom of Washington LLC and GST Telecom Washington, 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 and applicable to the transfer of customers from GST Telecom Washington, Inc., 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, Time Warner Telecom of Washington LLC, is hereby granted a limited waiver of WAC 480-120-139, for the initial transfer of intrastate intralata and interlata toll customers from GST Telecom Washington, Inc., and such transfer is authorized. DATED at Olympia, Washington, and effective this 8th day of November, 2000. WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION CAROLE J. WASHBURN Secretary