BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION

In the Matter of the Petition of:

AT&T COMMUNICATIONS OF THE PACIFIC NORTHWEST, INC., 

TCG SEATTLE,

TCG OREGON,

For Extension of Waiver of Administrative Rules

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		DOCKET NO. UT-000441
		
		
		DOCKET NO. UT-000442
		
		DOCKET NO. UT-000443
		
		ORDER GRANTING, IN PART, AND DENYING, IN PART, PETITION FOR EXTENSION OF RULE 
WAIVER

BACKGROUND

1 On March 7, 2001, AT&T Communications of the Pacific Northwest, Inc., and 
AT&T Local   Services on behalf of TCG Seattle and TCG Oregon (collectively 
"AT&T") filed a petition with the  Commission to extend its current waiver of 
WAC 480-120-139(5) pertaining to offering preferred  carrier freezes to local 
exchange customers. 

2 WAC 480-120-139(5), adopted November 30, 1999, and effective March 1, 2000, 
requires local  exchange companies to offer a preferred carrier freeze to all 
of their customers for local exchange,  interlata, and intralata services.  On 
March 24, 2000, AT&T filed a petition requesting a waiver for  local exchange 
services  because it did not have the processes and technology in place to 
implement  local carrier freezes in a consistent and cost-effective manner.  
The Commission approved this petition  on April 26, 2000.   The existing waiver 
covers two separate rule requirements.  First, the waiver  exempts AT&T from 
providing a preferred carrier freeze to its local exchange customers under WAC  
480-120-139(5)(c) through (e).  Second, the waiver exempts AT&T from the 
requirement to notify  customers about the option of a preferred carrier freeze 
for local exchange customers under WAC  480-120-139(5)(a) and (b). 

3 AT&T requests an extension of this waiver until September 1, 2001.  The 
company contends that  implementation of local exchange freezes is dependent 
upon the development of processes in the  industry that will be efficient for 
carriers as well as customers.  AT&T is developing these processes  with Qwest 
Corporation as well as refining its internal processes to implement preferred 
carrier   freezes.  Without this extension the company must manually "flag" a 
customer's account to identify a  local carrier freeze on the account, a 
process that AT&T asserts is prone to human error.  


4 In addition, the company, even if it was required to provide a manual 
preferred carrier freeze for local  exchange customers, does not wish to notify 
its customers that such an option exists.  It contends that  such a notice 
could produce a large number of customers choosing a preferred carrier freeze.  
This  would over-burden the manual process, resulting in a number of errors 
that would preclude accurate  local exchange carrier freezes.  

5 In determining whether to grant the petition, the Commission considered a 
number of factors.  First,  competition is beginning for residential consumers 
in the local exchange market.  Since September  2000, Consumer Affairs has 
received over 150 complaints from consumers regarding local exchange  
competitors.  Approximately twenty of  the 150 complaints were from customers 
stating their local  exchange service was switched to another carrier without 
their authorization.  Finally, the company has  had sufficient time to develop 
the processes and technology necessary to implement the preferred  carrier 
freeze for local exchange service.  Fifteen months have elapsed since the date 
the rules were  adopted.  These considerations indicate that customers who wish 
to have a preferred carrier freeze  placed on local exchange service should be 
afforded that option, in accordance with WAC   480-120-139(5)(c) through (e).  
Accordingly, the Commission denies the request for waiver of   subsections 
(5)(c) through (e) of WAC 480-120-139.

6 However, the Commission understands AT&T's concern about mass notification to 
customers that the  manual process exists, the burden this would place on the 
company, and the increased chance for  error that would accompany any action 
where a large number of customers would request a preferred  carrier freeze 
before an automated process is in place.  These considerations lead the 
Commission to  believe that AT&T should not be required to notify customers of 
their option to impose a preferred  carrier freeze as required in WAC 
480-120-139(5)(a) and (b) until no later August 1, 2001.    Accordingly, the 
Commission grants the request for waiver of subsections (5)(a) and (b) of WAC  
480-120-139 until no later than August 1, 2001.  The Commission encourages the 
companies to  come back to the Commission as soon as the system is in place to 
lift the waiver.

FINDINGS

THE COMMISSION FINDS: 

7 1.  AT&T Communications of the Pacific Northwest, Inc., TCG Seattle and TCG 
Oregon are public  service companies subject to the jurisdiction of this 
Commission under the provisions of Chapter  80.36 RCW. 
8 2.  It appears, upon investigation, the request for waiver of Commission 
rules by AT&T   Communications of the Pacific Northwest, Inc., TCG Seattle and 
TCG Oregon in WAC   480-120-139(5)(c) through (e), the requirement that a 
company offer a preferred carrier freeze for  local exchange service, is not 
reasonable nor consistent with the public interest and should therefore  be 
denied. 

9 3.  It further appears, upon investigation, the request for waiver of 
Commission rules by AT&T   Communications of the Pacific Northwest, Inc., TCG 
Seattle and TCG Oregon in WAC   480-120-139(5)(a) and (b), notification to 
customers, is reasonable and consistent with the public  interest and should 
therefore be granted until no later than August 1, 2001. 

ORDER

THE COMMISSION ORDERS: 

10 The petition of AT&T Communications of the Pacific Northwest, Inc., TCG 
Seattle and TCG Oregon  filed with the Commission requesting an extension of 
the waiver of WAC 480-120-139(5) is denied in  part and granted in part.  The 
Commission denies AT&T Communications of the Pacific Northwest,  Inc., TCG 
Seattle and TCG Oregon's request for a waiver of WAC 480-120-139(5)(c) through 
(e),  and grants the request for a waiver of WAC 480-120-139(5)(a) and (b) 
until no later than August 1,  2001. 

DATED at Olympia, Washington, and effective this  21st day of  March, 2001. 

WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION



    
MARILYN SHOWALTER, Chairwoman 




     RICHARD HEMSTAD, Commissioner