BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION



In the Matter of the Petition of   ) DOCKET UT-990333
Focal Telecommunications Corporation )
for Approval of IntraLATA   )
Presubscription Implementation Plan. )
      ) ORDER APPROVING 
                                )          PETITION
      )
............................................................... 

BACKGROUND

       By petition filed April 22, 1999, Focal Telecommunication Corporation 
(Focal) seeks approval in Docket UT-990333 of its IntraLATA Presubscription 
Implementation Plan (Plan). The petition is filed pursuant to The 
Telecommunications Act of 1996 (Telecom Act), and by agreement with Commission 
Staff and in accordance with the Federal Communications Commission Order 
released on March 23, 1999, in Implementation of the Local Competitive 
Provisions of the Telecommunications Act of 1996, Petition of Southwestern Bell 
Telephone Company, Pacific Bell, and Nevada Bell for Expedited Declaratory 
Ruling on Interstate, IntraLATA Toll Dialing Parity or, in the Alternative, 
Various Other Relief, CC Docket No. 96-98, NSD File No. 98-121. 
   
  The Plan includes a proposal that explains how Focal will offer intraLATA 
toll dialing parity in the state, a proposal for timely notification of its 
subscribers, and the methods it proposes to use to enable subscribers to select 
an intraLATA toll service provider.

       Focal proposes to implement a full 2-PIC (Primary Interexchange Carrier) 
methodology for intraLATA presubscription.  A $5.00 PIC change charge will be 
incurred and billed to the customer for each eligible line when an intraLATA 
PIC change is made.  This charge will be waived for the initial selection 
occurring within the first 90 days following implementation of the Plan.  

  Focal also proposes a $30.00 slamming charge which will be applied to 
interexchange carriers who change an end user's intraLATA PIC without proper 
authorization from the end user.

FINDINGS OF FACT
   
  1.  The Commission is an agency of the State of Washington vested by statute 
with the authority to regulate the rates, rules, regulations, practices, 
accounts,
securities, and transfers of public service companies, including 
telecommunications companies.

  2.  Section 261(c) [47 U.S.C. 261] of the Telecom Act provides that a State 
may impose requirements on a telecommunications carrier for intrastate services 
that are necessary to further competition in the provision of telephone 
exchange service or exchange access, as long as the State's requirements are 
not inconsistent with the Telecom Act or the FCC's regulations to implement the 
Telecom Act.

  3.  Section 251(b)(3) [47 U.S.C. 251] of the Telecom Act requires all local 
exchange carriers to provide dialing parity to competing providers of telephone 
exchange service and telephone toll service.

  4.  47 C.F.R. §§ 51.209-51.215 sets forth the interstate, intraLATA toll 
dialing parity requirements of all local exchange carriers.

  5.  Focal is engaged in the business of furnishing telecommunications 
services, including, but not limited to, basic local exchange service within 
the state of Washington.

  6.  Focal filed a petition seeking approval of its Plan to implement dialing 
parity in its operating area within the state of Washington.

CONCLUSIONS OF LAW

  1.  The Commission has jurisdiction over Focal and the subject matter of this 
petition under RCW 80.01.040(3) and Section 261(c) [47 U.S.C. 261].

  2.  The petition is consistent with the public interest, convenience, and 
necessity.

  3.  The petition meets the requirements set forth in  47 U.S.C. Section 
251(b)(3) and 47 C.F.R. §§ 51.209-51.215.  

  4.  The requirements imposed pursuant to the petition are not inconsistent 
with the Telecom Act or the FCC's regulations to implement the Telecom Act.


ORDER

  THE COMMISSION ORDERS That the petition by Focal Telecommunications 
Corporation for approval of its IntraLATA Presubscription Implementation Plan 
is approved.

  DATED at Olympia, Washington and effective this 23rd day of June, 1999.    
   
  WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION


      
      
       Marilyn Showalter, Chairwoman



       Richard Hemstad, Commissioner