BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION In the Matter of the Application of ) ) A C S TEL COM, INC., ) DOCKET UT- 971616 ) for an Order Authorizing the ) Registration of Applicant ) AUTHORIZING as a Telecommunications Company ) REGISTRATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ) On November 7, 1997, A C S TEL COM, INC., (A C S) filed an application for registration as a telecommunications company pursuant to RCW 80.36.350. Applicant proposes to offer resold direct dialed long distance and debit card services to the public. A C S is a New York corporation, headquartered in Rockville Center, New York, and is wholly-owned by Chander Khurana and Sanjay Khurana. Rates, terms and conditions set forth in the proposed tariff, filed as Exhibit G of the application, are structured to be competitive with other telecommunications companies in relevant markets. A C S has provided information showing that it meets the requirements of RCW 80.36.350. The nature of the debit card service implies A C S proposes to collect advance payments from customers. Pursuant to statutes and rules governing registration applications and advance payment proposals, A C S has proposed a satisfactory bond agreement for protection of those advance payments. Initially, the bond agreement will be for $5,000 and will increase proportionally as customer base increases. If A C S ceases operations, A C S will provide the insurer and the Commission lists of outstanding account numbers and balances within 48 hours. ACS will limit the denomination of debit cards purchased by residential customers to not more than $50 and debit cards purchased by business customers to not more than $200. Within 15 days after June 30 1998, and quarterly thereafter, ACS will be required to submit to the Commission a report containing the following information specific to 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 reporting period. Statements shall continue to be filed within 15 days after each 3-month period thereafter until Commission staff informs applicant such reports are no longer required. Based upon this information, ACS will adjust the amount of the bond to assure compliance with WAC 480-121-040. 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 if the company has maintained adequate levels in the bond agreement during the previous 12-month period. A C S will state an unconditional money-back guarantee on the debit card or on supplemental material that will be provided at the time the debit card is purchased with a statement warning customers to safeguard their cards. If A C S goes out of business, it will provide refund information on the company's 800 phone number for its customers. A C S will provide a free call detail report to customers upon request. FINDINGS THE COMMISSION FINDS: Docket UT-971616 Page 1 1. A C S TEL COM, INC., filed an application for registration as a telecommunications company pursuant to the provisions of RCW 80.36.350 and the rules and regulations of the Commission. 2. As to form, the application filed by A C S TEL COM, INC., as supplemented and amended, meets the requirements of RCW 80.36.350 and the rules and regulations of the Commission adopted pursuant thereto. 3. The registration of A C S TEL COM, INC., 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. O R D E R THE COMMISSION ORDERS: 1. After the effective date of this order and subject to the conditions contained in this Order, the Commission approves the application of A C S TEL COM, INC., filed pursuant to RCW 80.36.350 for registration as a telecommunications company to provide service to the public in this state. 2. The proposed tariff as filed on November 7, 1997, supplemented and amended in Exhibit G, attached to the application, is satisfactory. Within 30 days from the effective date of this Order and prior to supplying service to the public as a telecommunications company, A C S TEL COM, INC., shall file an initial tariff with the Commission identical to the tariff contained in the amended Exhibit G of the application. The tariff shall bear an effective date not less than 30 days subsequent to the date the initial tariff is received by the Commission. Failure to file an initial tariff within 30 days from the effective date of this Order and prior to supplying service to the public may result in the Commission taking action to cancel A C S TEL COM, INC.,'s registration as a telecommunications company in the state of Washington. 3. Registration of A C S TEL 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. 4. As a telecommunications company providing service to the public in this state, A C S TEL COM, INC., is subject to the jurisdiction of this Commission under the provisions of Title 80 RCW and all rules and regulations of the Commission adopted pursuant thereto. 5. A C S TEL COM, INC., filed with the Commission a satisfactory bond agreement in the amount of $5,000. As part of the bond agreement and in the event the company ceases operations, A C S TEL COM, INC., will within 48 hours provide to the bank and the Commission lists of outstanding account numbers and balances. 6. A C S TEL COM, INC., will limit the amount of debit cards to be purchased of not more than $50 increments for residential customers and $200 for business customers. 7. Within 15 days after June 30, 1998, and quarterly thereafter, ACS TEL COM, INC., shall submit to the Commission a report containing the following information specific to 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 reporting period. Statements shall continue to be filed within 15 days after each 3-month period until Commission staff informs applicant such reports are no longer required. Based upon the information in the reports ACS TEL COM, INC., shall adjust the amount of the bond to assure compliance with WAC 480-121-040. In addition Commission staff may request current company financial information. After completion of one year's administration of the bond agreement, the reporting requirement may be modified to a semi-annual level if staff determines that the company has maintained a sufficient level in the bond agreement during the previous 12-month period. 8. A C S TEL COM, INC., shall state that there is a money-back guarantee on the debit cards and provide a statement warning customers to safeguard their cards. 9. In the event the company ceases operations, A C S TEL COM, INC., will provide refund information on the company's 800 phone number for its customers for a minimum of six months. 10. A C S TEL COM, INC., will provide a free call detail report to customers upon request. DATED at Olympia, Washington, and effective this 11th day of February, 1998. PAUL CURL, Acting Secretary