BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION


In the Matter of the Petition of )
U S WEST Communications, Inc., )  DOCKET NO. UT-971514
GTE Northwest, Inc., and the )
Washington Independent Telephone )  SECOND SUPPLEMENTAL
Association for   )  ORDER GRANTING
Waiver of Washington  )  WAIVER OF RULES
Administrative Code   )  WAC 480-120-139(5)(a)



  On October 22, 1997, pursuant to WAC 480-120-011, U S WEST Communications, 
Inc. (U S WEST), GTE Northwest, Inc. (GTE), and the Washington Independent 
Telephone Association (WITA) filed an amended petition for waiver of 
WAC 480-120-139 (5)(a) to become effective on October 30, 1997.  The Commission 
considered the petition at the October 29, 1997 open meeting. At that meeting, 
Commission Staff recommended approval of the petition and extension of the 
waiver to all telecommunications companies subject to the rule.  Public Counsel 
did not oppose granting the waiver.

  The presentations of Commission Staff and the companies on October 29, 1997, 
indicated that strict compliance with the rule as adopted could inhibit certain 
marketing activities of the companies which were an unintended consequence of 
the rule adoption process.  Further, the companies’ use of customer proprietary 
network information (CPNI) would be limited by a provision of federal law in 
such a manner as to protect the public interest during the period of the 
waiver.  The Commission approved the waiver as requested to allow for a period 
of study pending adoption of federal regulations on the subject.  The waiver 
was approved for a period expiring January 31, 1998.

  On November 21, 1997, the Commission filed a Preproposal Statement of Inquiry 
(CR-101) with the Code Reviser (Docket No. UT-971514) to consider possible 
amendment to WAC 480-120-139(5)(a) addressing the topics of privacy protections 
and implementation of restrictions on the use of CPNI.  On January 21, 1998, 
Commission Staff, Public Counsel, and representatives of TRACER, WITA, GTE, 
AT&T, MCI, and U S WEST met to address the potential rulemaking; comments of 
interested persons; and, activities at the federal level related to CPNI and 
privacy.  The Federal Communications Commission served an order clarifying 
Section 222 of the Telecommunications Act of 1996, concerning privacy issues 
and CPNI on February 26, 1998. The commission anticipates adoption of a final 
rule in Docket No. UT-971514 later this year.

  Based on the initial Petition, the filed comments and discussions with 
participants, the rulemaking at the federal level, the progress of the proposed 
rulemaking in 

DOCKET UT-971514               PAGE 2

UT-971514, and the need for consideration of federal requirements in 
establishing state standards, the Commission issues the following:

              FINDINGS

    
  1.   U S WEST and GTE are telecommunications companies regulated by the 
Utilities and Transportation Commission.  WITA is an association of 
telecommunications companies regulated by the Commission.

  2. WAC 480-120-139 was adopted in accordance with the requirements of the 
Administrative Procedure Act.

  3. On November 21, 1997, the Commission filed a CR 101 Preproposal Statement 
of Intent in Docket No. UT-971514 to consider an amendment to WAC 
480-120-139(5)(a).  This proposal remains under consideration.

  4.  The Federal Communications Commission is currently considering the issues 
of customer proprietary network information and privacy at the federal level 
that is under consideration in this docket at the state level. 

  5. There is good cause for extending the granting of the waiver of 
WAC 480-120-139(5)(a) until final Commission order and the effective date in 
UT-971514 rulemaking.

  6. The companies will be subject to current federal law limiting the use of 
customer proprietary network information and WAC 480-120-139 (5) (b) and (c), 
thus the public interest will not be harmed by the granting of the waiver for a 
limited period of time.

      ORDER

  THE COMMISSION ORDERS:

  1. After the effective date of this order and subject to the conditions 
hereof, the Petition for a waiver of WAC 480-120-139(5)(a) is granted until the 
final effective date of the rulemaking on CPNI and Privacy in Docket No. 
UT-971514.

  2.   This waiver shall extend to all companies subject to this rule.

  3.   This waiver may be revoked by the Commission at any time.



DOCKET UT-971514               PAGE 3


  DATED at Olympia, Washington, and effective this 22nd day of July, 1998.


  WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION


       
       ANNE LEVINSON, Chair



       RICHARDHEMSTAD,Commissioner



       WILLIAM R. GILLIS, Commissioner