BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION

In the Matter of the Petition of

Touch America, Inc., and 
Touch America Services, Inc.,

For Waiver of WAC 480-120-139 and WAC 480-143-210
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		DOCKET NO. UT-010491
		
		
		ORDER GRANTING WAIVER OF WAC 480-120-139 


BACKGROUND

1 On April 12, 2001, Touch America, Inc., (TAI) and Touch America Services, 
Inc., (TASI) filed a  petition requesting waivers of WAC 480-120-139 and WAC 
480-143-210 for the transfer of assets  and of intrastate intraLata and 
interLata toll customers from TASI to TAI.   

DISCUSSION

2 The reason for these requests is a purchase agreement between TAI and Qwest 
Communications  International, Inc., (Qwest).  As part of this agreement, TAI  
purchased TASI from Qwest, which  results in transferring TASI's customers and 
its remaining assets to TAI.  Under WAC 480-120-139,  “Changes in local 
exchange and intrastate toll services,” TASI 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.  

3 WAC 480-143-210, “Transfer customer notice requirements” prohibits 
telecommunications carriers  from initiating or effecting a change in a 
customer's primary interexchange carrier or local exchange  company without 
first notifying each individual customer. 

4 On August 12, 1997, TRI Touch America, Inc., (TRI) was granted competitive 
classification in   Docket UT-960984.   Under this classification, TRI received 
a waiver of WAC 480-143, Transfers  of Property.  On May 18, 2000, TRI changed 
its name to Touch America, Inc.

5 On June 13, 2001, the Commission entered an order amending Touch America, 
Inc.'s registration and  granting competitive classification to include local 
exchange services, alternate operator services and  prepaid calling services in 
Docket UT-940148.  

6 In addition, on May 30, 2000, TeleDistance, Inc., (TeleDistance) was granted 
competitive   classification in Docket UT-000248.  Under this classification,  
TeleDistance received a waiver of  WAC 480-143, Transfers of Property.  On   
July 10, 2000, TeleDistance changed its name to Touch  America Services, Inc.

7 The request for waiver of WAC 480-120-139 is limited specifically to this 
transfer of TASI’s   customers to TAI.  TAI’s products and services are similar 
to those offered by TASI.  TAI will   provide TASI customers rates that are the 
same as TASI’s existing rates. TAI will provide TASI  customers notice of any 
rate increase.  TAI will continue to serve TASI customers through the same  
TASI carrier identification code (CIC code) thereby causing no charge to TASI’s 
customers pursuant  to transference of customers to TAI.  Because TAI and TASI 
use the same market brand name of  “Touch America”,  TASI’s customers will not 
realize any difference in the appearance of their service.   This transaction 
will be transparent to the TASI customers in terms of the services they 
received, the  prices they are charged and the exact identity of the carrier 
they receive from this transaction.    Therefore, customer notices will not be 
mailed to TASI customers.  

8 This matter was brought before the Commission at its regularly scheduled open 
meeting on June 27,  2001. 

9 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

10 1. Touch America Services, Inc., and Touch America, Inc., are public service 
 companies subject to the jurisdiction of this Commission under the provisions 
of chapter  80.36 RCW. 

 2. The Commission previously granted a wavier of WAC 480-143-210 to both 
carriers in  Docket UT-960984 on August 12, 1997 and UT-000248 on May 30, 
2000.  Therefore the  request to waive WAC 480-143-210  is unnecessary. 

 3. The waiver of WAC 480-120-139, as described in the body of this order, is 
reasonable and  consistent with the public interest, and should therefore be 
approved. 

O R D E R

THE COMMISSIONER ORDERS: 

11 As of the effective date of this order, Touch America Services, Inc., and 
Touch America, Inc., are  hereby granted a waiver of WAC 480-120-139, for the 
initial transfer of intrastate intraLata  and  interLata toll customers from 
Touch America Services, Inc., to Touch America, Inc., and such   transfer is 
hereby authorized. 

12 The waiver of WAC 480-143-210 for noticing customers of the transfer of 
property from Touch  America Services, Inc., to Touch America, Inc., has been 
approved previously in Dockets   UT-960984 and UT-000248, and is hereby 
unnecessary.


 DATED at Olympia, Washington, and effective this 27th day of June, 2001. 

 WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION  



CAROLE J. WASHBURN, Secretary