BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION

In the Matter of the Petition of 

Qwest Corporation

For Waiver of WAC 480-120-088 
Automatic Dialing-Announcing Devices
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		DOCKET  UT-010610
		
		ORDER GRANTING WAIVER OF WAC 480-120-088
		AUTOMATIC DIALING-ANNOUNCING DEVICES
  
BACKGROUND

1 By petition filed April 27, 2001, in Docket UT-010610, Qwest Corporation 
(“Qwest”), requests a  waiver of certain provisions of WAC 480-120-088, 
Automatic Dialing-Announcing Devices   (ADAD).  Qwest requests the waiver of 
specified sections of the rule only as it applies to the   “I-CALLED” Service, 
which allows a caller to leave name and number information for future delivery  
when the called party does not answer.  The waiver request was brought before 
the Commission at its  regularly scheduled open public meeting of May 30, 2001.

DISCUSSION

2 On January 24, 2001, in Docket UT-001953, the Commission ordered Qwest to 
provide notice to  customers of an additional feature called the “I-CALLED” 
Service.  The Commission took no action  on the tariff revision implementing 
the service, and the tariff revision became effective by operation of  law on 
January 26, 2001.  At that time Commission Staff expressed a concern that the 
service   appeared to conflict with the ADAD rule and that neither the filing 
of a tariff revision nor the required  notice to customers addressed this 
compliance issue.  

3 Qwest seeks the waiver of the following sections of WAC 480-120-088: (1) 
pertaining to a prior  agreement from the called party; (2) pertaining to a 
human operator announcement prior to the   delivery of the recorded message; 
(3)(a) pertaining to the specified information to be provided; and  (5) 
pertaining to the exclusion of calling unlisted numbers.  

4 WAC 480-120-088 requires certain conditions to be met before a service using 
an ADAD may be  deployed.  The rule was framed in part, to protect consumers 
from recorded advertising and   telemarketing services.   As a call completion 
service, the I-CALLED service will not be used to  solicit or advertise for 
Qwest’s or other businesses’ services or goods.  Additionally, the I-CALLED  
service will automatically exclude 911 emergency numbers.


5 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.

ORDER

6 THE COMMISSION ORDERS that the request for waiver of certain provisions of 
WAC   480-120-088, Automatic Dialing-Announcing Devices, as they apply to the 
“I-Called” Service, by  Qwest Corporation is granted as conditioned in the text 
of this Order.  This waiver, unless revoked  earlier by the WUTC, expires on 
the earlier of April 1, 2002, or the effective date of the next revision  to 
WAC 480-120-088.

DATED at Olympia, Washington this 30th day of May, 2001.

WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION



      CAROLE J. WASHBURN, Secretary