BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION In the Matter of the Application of CITIZENS TELECOMMUNICATIONS COMPANY OF IDAHO For Registration as a Telecommunications Company, requested waiver of WAC 480- 121-010, and Competitive Classification of Specified Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ) ) ) ) ) ) ) ) ) ) ) DOCKET UT-991581 ORDER AUTHORIZING REGISTRATION; GRANTING WAIVER OF WAC 480-121-010; AND GRANTING COMPETITIVE CLASSIFICATION OF SPECIFIED SERVICES BACKGROUND In Docket UT-991582, Citizens Telecommunications Company of Idaho (CTC- Idaho) proposed to purchase U S WEST Communications, Inc.'s (U S WEST), properties in the Clarkston, Washington, exchange (Exchange). By application filed October 20, 1999, in Docket UT-991581 CTC-Idaho seeks registration as a telecommunications company pursuant to RCW 80.36.350 and requests a waiver of WAC 480-121-010, Filing of Registration Application, Competitive Classification Petition, and Price List. CTC-Idaho requests that the services previously classified as competitive by the Commission for U S WEST throughout the state of Washington continue to be classified as competitive for CTC-Idaho. CTC-Idaho has also submitted drafts of four tariffs and one price list. DISCUSSION CTC-Idaho proposes to provide telecommunications services in the Exchange upon approval of the sale of the U S WEST properties in that exchange. CTC-Idaho provided information showing that it meets the requirements of RCW 80.36.350, Registration of New Companies. The company intends to collect deposits from customers. WAC 480-121-010 requires that applications for registration, petitions for competitive classification, and price lists must be submitted at the same time. CTC-Idaho has submitted an application for registration, but requests a waiver of the competitive classification and price list requirements in WAC 480-121-010 because not all of the services that it proposes to provide are subject to effective competition. Therefore CTC-Idaho cannot support a petition for competitive classification for the company as a whole, and CTC-Idaho is not permitted to offer all of the proposed services under a price list. CTC-Idaho does request that the services it specified in its submitted Exchange and Network Services Price List continue to be classified as competitive. All of the services that CTC-Idaho proposes to offer under that price list are currently offered under price list by U S WEST in the Exchange. They include premium exchange services, message telecommunication service, wide area telecommunications service, and dial switching systems. The company asserts that these services have been and continue to be subject to effective competition. The Commission found that the services were subject to effective competition when it originally classified the services competitive for U S WEST. Staff believes that these services are subject to effective competition in the Exchange. Along with the price list, CTC-Idaho has submitted four proposed tariff books. There is one book each for exchange and network services, private line services, access services, and advanced communications services. The price list and tariffs offer the same services under the same terms, conditions, and rates as U S WEST offers in the Exchange. CTC-Idaho revised the price list and tariffs only to increase clarity by changing relevant names, deleting obsolete services, and renumbering sections. CTC-Idaho will not offer certain services that are in U S WEST's current tariffs because no customers in the Exchange currently subscribe to these services. CTC-Idaho has stipulated in Docket UT-991582 to provide a comparable service, or the service itself if possible, to a customer who previously subscribed to one of these services. This matter was brought before the Commission at its regularly scheduled open meeting on June 28, 2000. 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 and related provisions. FINDINGS OF FACT 1. CTC-Idaho filed an application for registration as a telecommunications company pursuant to the provisions of RCW 80.36.350 to provide telecommunications services in the Exchange. 2. CTC-Idaho has requested a waiver of WAC 480-121-010 in accordance with WAC 480-121-015. 3. CTC-Idaho has requested that the services offered by U S WEST that are currently classified as competitive throughout the state continue to be classified as competitive for CTC-Idaho in the Exchange. 4. As to form, the application meets the requirements of RCW 80.36.350 and complies with the Commission's rules and regulations except as waived by this Order. 5. The registration of CTC-Idaho as a telecommunications company is consistent with the public interest. 6. In this proceeding, the Commission in no way endorses the financial viability of applicant nor the investment quality of any securities it may issue. CONCLUSIONS OF LAW 1. The Washington Utilities and Transportation Commission has jurisdiction over the subject matter of this registration application and CTC-Idaho. 2. CTC-Idaho should be registered as a telecommunications company pursuant to RCW 80.36.350. 3. The request for waiver of WAC 480-121-010 by CTC-Idaho is consistent with the public interest and should be granted. 4. The services that CTC-Idaho requests be classified as competitive are subject to effective competition and should continue to be classified as competitive for CTC- Idaho. ORDER THE COMMISSION ORDERS: 1. Effective on the date of this Order and subject to any conditions imposed, the Commission approves the application of Citizens Telecommunications Company of Idaho requesting an order authorizing registration as a telecommunications company to provide service to the public in this state. 2. Effective on the date of this Order and subject to any conditions imposed, the Commission grants the request of Citizens Telecommunications Company of Idaho for a waiver of WAC 480-121-010, Filing of Registration Application, Competitive Classification Petition, and Price List. 3. Effective on the date of this Order and subject to any conditions imposed, the Commission grants the request of Citizens Telecommunications Company of Idaho to have the services submitted in the draft price list continue to be classified as competitive. The company may offer those service under price list. 4. Prior to providing service Citizens Telecommunications Company of Idaho must file final tariffs and price list subject to the Commission 's approval with an inserted effective date providing no less than 30 days of notice. 5. Registration of Citizens Telecommunications Company of Idaho as a telecommunications company shall not be construed as an endorsement of financial viability nor of the investment quality of any securities it may issue. 6. As a telecommunications company providing service to the public in this state, Citizens Telecommunications Company of Idaho is subject to the jurisdiction of this Commission under the provisions of Title 80 RCW and all rules and regulations adopted by the Commission. 7. Citizens Telecommunications Company of Idaho is not authorized to provide alternate operator services, or prepaid calling services. 8. 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 28th day of June, 2000. WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION CAROLE J. WASHBURN, Secretary