BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION

In the Matter of the Petition of 

TALK AMERICA INC.,

For Waiver of WAC 480-120-540 Terminating Access Charges
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	)
	)
	)
	)
	)
	)
	)	
		DOCKET NO.  UT-010857
		
		ORDER GRANTING WAIVER OF WAC 480-120-540, TERMINATING ACCESS CHARGES

 
BACKGROUND

1 By petition filed June 12, 2001, in Docket No. UT-010857, Talk America Inc., 
(Talk America),  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 June 27, 2001.

DISCUSSION

2 Talk America is a facilities-based telecommunications company.  Talk America 
is 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.  Talk America is not currently   authorized to do 
so, nor has it ever demonstrated any universal access costs of the type 
solicited and  examined in Docket No. UT-980311(a).

4 In Docket No. UT-990307, the Commission granted a waiver of WAC 480-120-540 
to five   competitively classified local exchange carriers subject to 
conditions.  Therefore, Talk America 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  Talk America, and we find it reasonable and appropriate to do 
so in this instance.  We will require  Talk America 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 
480-120-540  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 Talk America Inc., is granted as conditioned in 
the text of this Order.

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

 WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION



      CAROLE J. WASHBURN, Secretary