BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION

         

In the Matter of the Supplemental Application and Petition of

CASH BACK REBATES LD.COM, INC.,
f/k/a COMMON CONCERNS, INC.,
For an Amendment to its Registration as a Telecommunications Company and 
Classification as a Competitive Telecommunications Company.  
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  
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DOCKET UT-960504

FIRST SUPPLEMENTAL
ORDER AMENDING REGISTRATION, COMPETITIVE CLASSIFICATION, AND APPROVING PRICE 
LIST TO
INCLUDE THE COLLECTION OF
ADVANCE PAYMENTS
BACKGROUND

  By supplemental petition filed October 29, 1999, in Docket UT-960504, Cash 
Back Rebates Ld.com, Inc., f/k/a Common Concerns, Inc., (Cash Back) seeks to 
amend its registration authority as a telecommunications company, 
classification as a competitive telecommunications company, and approval of its 
proposed price list pursuant to RCW 80.36.350 and 80.36.320.  The supplemental 
application for registration, competitive classification petition, and initial 
price list were brought before the Commission at its regularly scheduled open 
public meeting of November 15, 1999.

DISCUSSION
               Cash Back proposes to amend its registration authority with the 
Commission as a telecommunications company to include the collection of advance 
payments. In support of its petition, Cash Back asserts that its services 
compete with other interexchange telecommunication services.  Cash Back states 
that customers have readily available equivalent alternatives and that there 
are no captive customers of the Company’s services.  

  Cash Back is a Florida corporation, headquartered in Passaic, 
New Jersey, and is owned by Tom Vrabel.  Rates, terms, and conditions set forth 
in the proposed price list are structured similarly to rates filed by other 
interexchange carriers for calls placed in the relevant market.

  Cash Back has provided information showing that it meets the requirements of 
RCW 80.36.350.  Pursuant to statutes and rules governing registration 
applications and advance payment proposals, Cash Back has proposed a 
satisfactory bond agreement for protection of those advance payments.  
Initially, the bond agreement will be for $1,000 and will increase 
proportionally as the outstanding amount of advance payments increases.  Cash 
Back will notify the Commission at least 30 days prior to terminating its 
operations, and provide the insurer and the Commission notice in writing and 
within 24 hours of ceasing its operations with its list of all outstanding 
account numbers and customer balances.


  Within 15 days after December 31, 1999, and each calendar quarter thereafter, 
Cash Back will be required to submit to the Commission a report containing the 
following information specific to its state of Washington operations: (a) total 
outstanding debit card balance at the beginning of the reporting period; (b) 
dollar amount of debit cards sold during the reporting period; (c) depleted 
usage of debit cards during the reporting period; and (d) total outstanding 
debit card balance at the end of the DOCKET UT-960504 PAGE 1
reporting period.  Statements shall continue to be filed within 15 days after 
each 3-month period thereafter until the applicant is notified in writing by 
the Commission that such reports are no longer required.  Based on this 
information, Cash Back will adjust the amount of the bond to ensure compliance 
with 
WAC 480-120-058.  In addition, Commission Staff may request current company 
financial information.  After one year’s administration of the bond agreement, 
the reporting requirement may be modified to a semi-annual level, upon request 
by Cash Back and authorization by the Commission, if the company demonstrates 
that it  has maintained adequate levels in the bond agreement during the 
previous 12-month period.

  Cash Back shall state an unconditional, money-back guarantee on the debit 
card or in supplemental materials provided at the time the debit card is 
purchased, and include a statement warning customers to safeguard their cards.  
If Cash Back ceases its operations, it must provide refund information to its 
customers through the company’s “800" phone number for a minimum of six months 
after ceasing operations. Cash Back will provide a free call detail report to 
customers upon request.
  
  Cash Back has provided information showing that it meets the requirements of 
RCW 80.36.350.  Applicant does not propose to collect deposits from customers 
or provide local exchange service or alternate operator services.

  In conjunction with classification, the Company is seeking waiver of: 
  
 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)
 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 interests, transfer of 
property
 WAC 480-120-046  Services offered
 WAC 480-120-131  Reports of accidents
                  
  Rules invoked include WAC 480-120-022, WAC 480-120-023, 
WAC 480-120-024, and WAC 480-120-025.  Statutes invoked include RCW 80.36.320, 
and RCW 80.36.350.  The ultimate issues are whether the proposed amendments to 
Cash Back’s registration, competitive classification, and proposed price list 
should be approved.

  Based on 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-960504                          PAGE 1

  1. Cash Back filed a supplemental application to amend its 
registration authority as a telecommunications company and classification as a 
competitive telecommunications company pursuant to the provisions of RCW 
80.36.350 and 80.36.320, to include the collection of advance payments.

  2. As to form, the supplemental application and petition meet the 
requirements of RCW 80.36.350 and 80.36.320, and comply with the Commission’s 
rules and regulations.

  3. The amendment of the registration of Cash Back to include the collection 
of advance payments as a telecommunications company is not inconsistent with 
the public interest.

  4. In this proceeding, the Commission in no way endorses the financial 
viability of applicant nor the investment quality of any securities it may 
issue.

  5. Alternative providers of service to that of Cash Back include, but are not 
limited to, GTE Northwest Incorporated, MCIWorldCom, Inc., and Sprint 
Communications Company L.P.  All services are fully available from alternative 
providers in the relevant market. 

  6. The relevant market is the state of Washington.

  7. Cash Back has no captive customer base.

  8. The services offered are subject to effective competition.

  9. Cash Back should be permitted to provide services under its proposed  
price list.

  10. Cash Back requested waivers of certain laws and rules relating to 
telecommunications services.  The laws and rules for which waivers should be 
granted are listed in Appendix A, 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 Cash Back.

  2. Cash Back should be authorized to include the collection of deposits and 
advance payments as a telecommunications company pursuant to 
RCW 80.36.350 and classified as a competitive telecommunications company 
pursuant to RCW 80.36.320(1).

  3. Cash Back should be permitted to provide services under price lists 
promulgated under RCW 80.36.320 (2).  These services will not include 
collecting deposits or providing alternate operator services or local exchange 
service. 

  4. Cash Back should be granted waivers of the laws and rules listed in 
Appendix A.

ORDER

  THE COMMISSION ORDERS:

  1. Effective on the date of this Order and subject to any conditions imposed, 
the Commission approves the supplemental application of Cash Back Rebates 
Ld.com, Inc., requesting an order amending registration authorization as a 
telecommunications company to provide service to the public in this state. 

  2. The Commission approves the petition of Cash Back Rebates Ld.com, Inc., 
for classification as a competitive telecommunications company and grants a 
waiver of the laws and rules listed in the attached Appendix A. 

  3. The Commission approves the proposed price list of Cash Back Rebates 
Ld.com, Inc., for rates and services. 

  4. Registration of Cash Back Rebates Ld.com, Inc., as a telecommunications 
company shall not be construed as an endorsement of financial viability or of 
the investment quality of any securities it may issue.

  5. As a telecommunications company providing service to the public in this 
state, Cash Back Rebates Ld.com, Inc., is subject to the jurisdiction of this 
Commission under the provisions of Title 80 RCW and all rules and regulations 
adopted by the Commission. 

  6. Cash Back Rebates Ld.com, Inc., is authorized to offer rates and services 
pursuant to the price list in the format prescribed by the Commission.  The 
price list approved in this proceeding, and subsequent changes to that price 
list, become effective only after ten days’ notice to the Commission and to 
customers.  In the event of a price list reduction or of a change in terms and 
conditions that do not have rate impact, personal notice to customers is not 
required.  To comply with the statutory notice requirement, Cash Back Rebates 
Ld.com, Inc., may publish notice of price reductions or changes in terms and 
conditions of service that do not have rate impact by a display advertisement 
in such newspaper(s) as are geographically situated to be circulated over the 
Company's service area.

    7. The bond agreement filed by Cash Back Rebates Ld.com, Inc., in the 
amount of $1,000 is sufficient to initiate operations.  Cash Back Rebates 
Ld.com, Inc., shall adjust the amount of the bond to ensure compliance with WAC 
480-120-058. As part of the bond agreement and in the event the company ceases 
operations, Cash Back Rebates Ld.com, Inc., shall provide notice, in writing 
and within 24 hours, to the insurer and the Commission to include a list of 
outstanding account numbers and balances.

  8. Within 15 days after December 31, 1999, and each calendar quarter 
thereafter, Cash Back Rebates Ld.com, Inc., shall submit to the Commission a 
report containing the following information specific to its state of Washington 
operations: (a) total outstanding debit-card balance at the beginning of the 
reporting period; (b) dollar amount of debit cards sold during the reporting 
period; 
(c) depleted usage of debit cards during the reporting period; and (d) total 
outstanding debit-card balance at the end of the DOCKET UT-960504        PAGE 5
reporting period.  Applicant shall continue to file statements within 15 days 
after each 3-month period thereafter until notified in writing by the 
Commission that such reports are no longer required.  Based on this 
information, Cash Back Rebates Ld.com, Inc., shall adjust the amount of the 
bond to ensure compliance with WAC 480-120-058.  In addition, Commission Staff 
may request, and applicant shall supply, current company financial 
information.  After one year’s administration of the bond agreement, the 
reporting requirement may be modified to a semi-annual level, upon request by 
Cash Back Rebates Ld.com, Inc., and authorization by the Commission, if the 
company demonstrates that it has maintained adequate levels in the bond 
agreement during the previous 12-month period.

  9. Cash Back Rebates Ld.com, Inc., shall state an unconditional money-back 
guarantee on the face of the debit card or on supplemental material that must 
be provided at the time the debit card is purchased with a statement warning 
customers to safeguard their cards.
 
    10. In the event the Company ceases operations, Cash Back Rebates Ld.com, 
Inc., shall provide refund information to its customers on the company’s “800" 
phone number for a minimum of six months.



DOCKET UT-960504        PAGE 6


  11. Cash Back Rebates Ld.com, Inc., shall provide a free call-detail report 
to customers upon request.

  12. Cash Back Rebates Ld.com, Inc., is not authorized to collect deposits 
from customers or to provide alternate operator services, or local exchange 
services.

  13. The Commission retains jurisdiction over the subject matter and the 
Company to effectuate the terms of this Order.

  DATED at Olympia, Washington, and effective this 15th day of
November, 1999.

  WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION



       CAROLE J. WASHBURN
       Secretary



















DOCKET UT-960504

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 interests, transfer of property
WAC 480-120-046  Services offered
WAC 480-120-131  Reports of accidents