BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION In the Matter of the Petition of ) ) OGC TELECOMM, LTD. ) d/b/a OGI TELECOMM, L.P., ) ) DOCKET UT-970874 ) for Classification as a Competitive ) ORDER GRANTING PETITION Telecommunications Company. ) . . . . . . . . . . . . . . . . . . . . . . . . .) By petition filed May 21, 1997, OGC Telecomm, Ltd., d/b/a OGI Telecomm, L.P. (OGC), seeks classification in Docket UT-970874 as a competitive telecommunications company pursuant to RCW 80.36.320 and WAC 480-120-023. OGC was registered with the Commission in Docket UT-970032 as a telecommunications company to provide resold switched and dedicated direct dial long distance, inbound 800/888 and travel card services. OGC’s authority was amended to include local exchange services in Docket UT-971128. In support of its petition, OGC alleges inter alia that its services compete with other interexchange carriers’ telecommunication services. The company filed written testimony in support of competitive classification, which accompanied its petition. In conjunction with classification, the company is seeking waiver of the requirements of various provisions of chapter 80.36 RCW and chapter 480-120 WAC. The company seeks the following waivers: 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 Chapter 80.08 RCW Securities (Except RCW 80.08.140, State not obligated) Chapter 80.12 RCW Transfers of Property Chapter 80.16 RCW Affiliated Interests RCW 80.36.100 Tariff schedules to be filed and open to public RCW 80.36.110 Tariff changes--Statutory notice--Exception RCW 80.36.150 Contracts 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 interest, transfer of property WAC 480-120-046 Services offered WAC 480-120-131 Reports of accidents 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 Rules invoked include those within chapter 480-09 WAC, specifically WAC 480-09-520 and WAC 480-120-022, WAC 480-120-023, WAC 480-120-024, and WAC 480-120-025. Statutes invoked include RCW 80.36.145 and 80.36.320. The ultimate issues are whether OGC should be classified as a competitive telecommunica-tions company, and the extent to which it should be relieved of regulatory requirements to which it would otherwise be subject. Based upon the entire record and the file in this matter, the Commission makes the following findings of fact and conclusions of law. FINDINGS OF FACT DOCKET UT-970874 PAGE 1 1. OGC, is registered with the Commission as a tele-communications company to provide resold switched and dedicated direct dial long distance, inbound 800/888, travel card and local exchange services to the public. 2. Alternative providers of service to that of OGC, include, but are not limited to, AT&T Communications, Inc., U S WEST Communications, Inc., MCI Com- munications Corp., and Sprint Communications Company. All services are fully available from alternative providers in the relevant market. 3. The relevant market is the state of Washington. 4. OGC, has no captive customer base. 5. The services offered are subject to effective competition. 6. OGC, should be permitted to provide services under a price list. 7. OGC, requested waivers of certain laws and rules relating to telecommunications services. The laws and rules for which waivers should be granted are listed on Appendix A, attached, 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 the parties. 2. OGC, should be classified as a competitive telecommunications company pursuant to RCW 80.36.320(1). 3. OGC, will be permitted to provide services under price lists pursuant to RCW 80.36.320 (2), the format of which will be subject to prior approval by the Commission. These services will not include alternate operator services as defined in WAC 480-120-141. 4. OGC, should be granted waiver of the laws and rules listed in Appendix A. Waiver of laws and rules requested that are not included in Appendix A should be denied. O R D E R THE COMMISSION ORDERS: 1. The petition of OGC Telecomm, Ltd., d/b/a OGI Telecomm, L.P., for classification as a competitive tele-communications company, is granted. 2. Waiver is granted of the laws and rules listed in Appendix A. 3. OGC Telecomm, Ltd., d/b/a OGI Telecomm, L.P., is authorized to offer services under price lists, the format of which will be subject to prior approval by the Commission, with price lists effective only after ten days notice to the Commission and to customers. In the event of a price reduction or a change in terms or conditions which do not have rate impact, personal notice to customers will not be required. Although the Commission does not have authority to waive the notice requirement, OGC Telecomm, Ltd., d/b/a OGI Telecomm, L.P., will have the option to publish notice of price reductions by a display advertisement in such newspaper or newspapers as are geographically situated so as to be circulated over the company's service area. 4. The services offered by OGC Telecomm, Ltd., d/b/a OGI Telecomm, L.P., are not to include alternate operator services as defined in WAC 480-120-141. 5. 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 August, 1998. WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION CAROLE J. WASHBURN Secretary APPENDIX A 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, State not obligated) 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 interest, transfer of property WAC 480-120-046 Services offered WAC 480-120-131 Reports of accident