BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION

In the Matter of the Petition of 

MCLEODUSA TELECOMMUNICATIONS SERVICES, INC.

For Waiver of WAC 480-120-540 Terminating Access Charges
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		DOCKET  UT-010360
		
		ORDER GRANTING WAIVER OF WAC 480-120-540, TERMINATING ACCESS CHARGES
  
BACKGROUND

1 By petition filed March 16, 2001, in Docket UT-010360, McLeodUSA 
Telecommunications   Services, Inc., (McLeodUSA), requests a waiver of WAC 
480-120-540, Terminating Access   Charges.  The waiver request was brought 
before the Commission at its regularly scheduled open  public meeting of May 
30, 2001.

DISCUSSION

2 McLeodUSA is a facilities-based telecommunications company.  In Docket 
UT-961647,   McLeodUSA was registered, classified as a competitive 
telecommunications company, and   authorized to provide local and interexchange 
telecommunications services throughout the state of  Washington.

3 WAC 480-120-540 only permits a local exchange company to include in its 
terminating switched  access rates a charge for recovery of any costs for 
support of universal access to basic    telecommunications service when 
authorized by the Commission.  McLeodUSA is not currently  authorized to do so, 
nor has it ever demonstrated any universal access costs of the type solicited 
and  examined in Docket UT-980311(a).

4 In Docket UT-990307, the Commission granted a waiver of WAC 480-120-540 to 
five   competitively classified local exchange carriers subject to conditions.  
Therefore, McLeodUSA is also  requesting a waiver of WAC 480-120-540, at this 
time.

5 The Commission has the authority to impose conditions on our waiver of WAC 
480-120-540 for  McLeodUSA, and we find it reasonable and appropriate to do so 
in this instance.  We will require  McLeodUSA to file price lists for 
terminating access service at rates not to exceed those charged by  Qwest 
Corporation and Verizon Northwest Inc. in their respective service 
territories.  The   Commission notes that RCW 80.36.320(4) authorizes the 
Commission to “revoke any waivers it  grants” and to “reclassify any 
competitive telecommunications company if the revocation or   reclassification 
would protect the public interest.”  Our action granting waiver of WAC 
480-120-50 is  an interim step, and we may revisit waiver of the rule upon 
consideration of any new universal service  funding measures or programs.

6 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.


ORDER

7 THE COMMISSION ORDERS that the request for waiver of WAC 480-120-540, 
Terminating  Access Charges, by McLeodUSA Telecommunications Services, Inc., is 
granted as conditioned in  the text of this Order.

DATED at Olympia, Washington this 30th day of May, 2001.

WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION



      CAROLE J. WASHBURN, Secretary