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Chapter 480-121 WAC

Last Update: 3/26/15

REGISTRATION AND COMPETITIVE CLASSIFICATION OF TELECOMMUNICATIONS COMPANIES

WAC Sections

HTMLPDF480-121-020Requirements for applications for registration and petitions for competitive classification.
HTMLPDF480-121-040Granting or denying applications for registration.
HTMLPDF480-121-060Revoking a registration.
HTMLPDF480-121-061General requirements to classify a telecommunications company as competitive or to classify a service provided by a telecommunications company as competitive.
HTMLPDF480-121-062Requirements for filing a petition for competitive classification of a telecommunications service.
HTMLPDF480-121-063Regulatory requirements that may be waived for competitively classified telecommunications companies.
HTMLPDF480-121-064Reclassifying a competitive telecommunications company or service.
HTMLPDF480-121-065Customer notice requirements—Petition for competitive classification of a service or a company.
DISPOSITION OF SECTIONS FORMERLY CODIFIED IN THIS TITLE
480-121-010Filing of registration application, competitive classification petition, and price list. [Statutory Authority: RCW 80.01.040. WSR 99-13-097 (Order R-464, Docket No. UT-980083), § 480-121-010, filed 6/15/99, effective 7/16/99. Statutory Authority: RCW 80.01.040. WSR 85-20-002 (Order R-237, Cause No. U-85-43), § 480-121-010, filed 9/19/85.] Repealed by WSR 02-11-080 (General Order No. R-499, Docket No. UT-991922), filed 5/14/02, effective 6/17/02. Statutory Authority: RCW 80.01.040 and 80.04.160.
480-121-011Application of rules. [Statutory Authority: RCW 80.36.010, 80.36.110, 80.36.320, 80.36.330, 80.36.333, 80.36.338, 80.01.040 and 80.04.160. WSR 07-08-027 (Docket UT-060676, General Order R-540), § 480-121-011, filed 3/27/07, effective 4/27/07. Statutory Authority: RCW 80.01.040 and 80.04.160. WSR 03-24-028 (General Order R-510, Docket No. A-010648), § 480-121-011, filed 11/24/03, effective 1/1/04; WSR 02-11-080 (General Order No. R-499, Docket No. UT-991922), § 480-121-011, filed 5/14/02, effective 6/17/02.] Repealed by WSR 15-08-043 (Docket UT-140680, General Order R-580), filed 3/26/15, effective 4/26/15. Statutory Authority: Chapter 19.122 RCW, RCW 19.122.053, 80.01.040, and 80.04.160.
480-121-015Exemptions from rules in chapter 480-121 WAC. [Statutory Authority: RCW 80.01.040 and 80.04.160. WSR 03-24-028 (General Order R-510, Docket No. A-010648), § 480-121-015, filed 11/24/03, effective 1/1/04; WSR 02-11-080 (General Order No. R-499, Docket No. UT-991922), § 480-121-015, filed 5/14/02, effective 6/17/02. Statutory Authority: RCW 80.01.040. WSR 99-13-097 (Order R-464, Docket No. UT-980083), § 480-121-015, filed 6/15/99, effective 7/16/99.] Repealed by WSR 15-08-043 (Docket UT-140680, General Order R-580), filed 3/26/15, effective 4/26/15. Statutory Authority: Chapter 19.122 RCW, RCW 19.122.053, 80.01.040, and 80.04.160.
480-121-016Additional requirements. [Statutory Authority: RCW 80.01.040 and 80.04.160. WSR 02-11-080 (General Order No. R-499, Docket No. UT-991922), § 480-121-016, filed 5/14/02, effective 6/17/02.] Repealed by WSR 15-08-043 (Docket UT-140680, General Order R-580), filed 3/26/15, effective 4/26/15. Statutory Authority: Chapter 19.122 RCW, RCW 19.122.053, 80.01.040, and 80.04.160.
480-121-017Severability. [Statutory Authority: RCW 80.01.040 and 80.04.160. WSR 02-11-080 (General Order No. R-499, Docket No. UT-991922), § 480-121-017, filed 5/14/02, effective 6/17/02.] Repealed by WSR 15-08-043 (Docket UT-140680, General Order R-580), filed 3/26/15, effective 4/26/15. Statutory Authority: Chapter 19.122 RCW, RCW 19.122.053, 80.01.040, and 80.04.160.
480-121-018Delivery of a filing. [Statutory Authority: RCW 80.36.010, 80.36.110, 80.36.320, 80.36.330, 80.36.333, 80.36.338, 80.01.040 and 80.04.160. WSR 07-08-027 (Docket UT-060676, General Order R-540), § 480-121-018, filed 3/27/07, effective 4/27/07. Statutory Authority: RCW 80.01.040 and 80.04.160. WSR 02-11-080 (General Order No. R-499, Docket No. UT-991922), § 480-121-018, filed 5/14/02, effective 6/17/02.] Repealed by WSR 15-08-043 (Docket UT-140680, General Order R-580), filed 3/26/15, effective 4/26/15. Statutory Authority: Chapter 19.122 RCW, RCW 19.122.053, 80.01.040, and 80.04.160.
480-121-023When a supplemental application is required. [Statutory Authority: RCW 80.01.040. WSR 99-13-097 (Order R-464, Docket No. UT-980083), § 480-121-023, filed 6/15/99, effective 7/16/99.] Repealed by WSR 02-11-080 (General Order No. R-499, Docket No. UT-991922), filed 5/14/02, effective 6/17/02. Statutory Authority: RCW 80.01.040 and 80.04.160.
480-121-026Rejecting a filing. [Statutory Authority: RCW 80.01.040 and 80.04.160. WSR 02-11-080 (General Order No. R-499, Docket No. UT-991922), § 480-121-026, filed 5/14/02, effective 6/17/02. Statutory Authority: RCW 80.01.040. WSR 99-13-097 (Order R-464, Docket No. UT-980083), § 480-121-026, filed 6/15/99, effective 7/16/99.] Repealed by WSR 15-08-043 (Docket UT-140680, General Order R-580), filed 3/26/15, effective 4/26/15. Statutory Authority: Chapter 19.122 RCW, RCW 19.122.053, 80.01.040, and 80.04.160.
480-121-030Additional information. [Statutory Authority: RCW 80.01.040. WSR 99-13-097 (Order R-464, Docket No. UT-980083), § 480-121-030, filed 6/15/99, effective 7/16/99. Statutory Authority: RCW 80.01.040. WSR 85-20-002 (Order R-237, Cause No. U-85-43), § 480-121-030, filed 9/19/85.] Repealed by WSR 02-11-080 (General Order No. R-499, Docket No. UT-991922), filed 5/14/02, effective 6/17/02. Statutory Authority: RCW 80.01.040 and 80.04.160.
480-121-050Cancellations. [Statutory Authority: RCW 80.01.040. WSR 99-13-097 (Order R-464, Docket No. UT-980083), § 480-121-050, filed 6/15/99, effective 7/16/99. Statutory Authority: RCW 80.01.040. WSR 85-20-002 (Order R-237, Cause No. U-85-43), § 480-121-050, filed 9/19/85.] Repealed by WSR 02-11-080 (General Order No. R-499, Docket No. UT-991922), filed 5/14/02, effective 6/17/02. Statutory Authority: RCW 80.01.040 and 80.04.160.
480-121-070Petition for competitive classification. [Statutory Authority: RCW 80.01.040. WSR 99-13-097 (Order R-464, Docket No. UT-980083), § 480-121-070, filed 6/15/99, effective 7/16/99.] Repealed by WSR 02-11-080 (General Order No. R-499, Docket No. UT-991922), filed 5/14/02, effective 6/17/02. Statutory Authority: RCW 80.01.040 and 80.04.160.


PDF480-121-020

Requirements for applications for registration and petitions for competitive classification.

(1) Applications for registration and petitions for competitive classification must be in the form prescribed by the commission.
(2) Applications for registration:
(a) Must be filed with a petition for competitive classification unless applicant will not be subject to effective competition;
(b) Must comply with the rules set forth in chapters 480-80 and 480-120 WAC;
(c) Must be filed at the office of the commission in Olympia, Washington; and
(d) Will be assigned a docket number. All documents subsequently filed in the matter must bear that docket number.
(3) The commission may require, with or without hearing, that an applicant for registration clearly show:
(a) Adequate financial resources to provide the proposed service;
(b) Adequate technical competence to provide the proposed service; and
(c) Compliance with all applicable federal, state, and local telecommunications technical and business regulations.
(4) The commission may request that an applicant provide information regarding the applicant's regulatory performance in other states where it operates.
[Statutory Authority: RCW 80.36.010, 80.36.110, 80.36.320, 80.36.330, 80.36.333, 80.36.338, 80.01.040 and 80.04.160. WSR 07-08-027 (Docket UT-060676, General Order R-540), § 480-121-020, filed 3/27/07, effective 4/27/07. Statutory Authority: RCW 80.01.040 and 80.04.160. WSR 02-11-080 (General Order No. R-499, Docket No. UT-991922), § 480-121-020, filed 5/14/02, effective 6/17/02. Statutory Authority: RCW 80.01.040. WSR 99-13-097 (Order R-464, Docket No. UT-980083), § 480-121-020, filed 6/15/99, effective 7/16/99. Statutory Authority: RCW 80.01.040. WSR 85-20-002 (Order R-237, Cause No. U-85-43), § 480-121-020, filed 9/19/85.]



PDF480-121-040

Granting or denying applications for registration.

(1) The commission secretary may grant an application for registration without hearing when the application is on a form prescribed by the commission and contains the following:
(a) The name and address of the company;
(b) The name and address of its registered agent, if any;
(c) Name, address, and title of each officer or director;
(d) The most current balance sheet;
(e) The latest annual report, if any; and
(f) A description of the telecommunications services it offers or intends to offer.
(2) The commission may deny an application for registration if, after hearing, the commission finds that the application is not consistent with the public interest or that the applicant:
(a) Failed to provide the information required by RCW 80.36.350;
(b) Failed to provide the performance bond described in RCW 80.36.350 and WAC 480-120-127, if required;
(c) Does not possess adequate financial resources to provide the proposed service; or
(d) Does not possess adequate technical competency to provide the proposed service.
(3) The commission may deny an application for registration submitted by an alternate operator services company if, after hearing, the commission finds that the services or charges offered by the company are not consistent with the public convenience and advantage.
[Statutory Authority: Chapter 19.122 RCW, RCW 19.122.053, 80.01.040, and 80.04.160. WSR 15-08-043 (Docket UT-140680, General Order R-580), § 480-121-040, filed 3/26/15, effective 4/26/15. Statutory Authority: RCW 80.01.040 and 80.04.160. WSR 02-11-080 (General Order No. R-499, Docket No. UT-991922), § 480-121-040, filed 5/14/02, effective 6/17/02; . Statutory Authority: RCW 80.01.040. WSR 99-13-097 (Order R-464, Docket No. UT-980083), § 480-121-040, filed 6/15/99, effective 7/16/99. Statutory Authority: RCW 80.01.040 and chapter 80.36 RCW. WSR 90-24-090 (Order R-332, Docket No. UT-900733), § 480-121-040, filed 12/5/90, effective 1/5/91. Statutory Authority: RCW 80.01.040. WSR 85-20-002 (Order R-237, Cause No. U-85-43), § 480-121-040, filed 9/19/85.]



PDF480-121-060

Revoking a registration.

(1) The commission may revoke a registration, after notice and opportunity for a hearing, for good cause. Good cause includes, but is not limited to, failure to:
(a) File an annual report;
(b) Pay regulatory fees;
(c) Provide adequate service;
(d) Maintain the telecommunications company's current address and telephone number; or
(e) Comply with all applicable federal, state, and local telecommunications business and technical regulations.
[Statutory Authority: RCW 80.01.040 and 80.04.160. WSR 02-11-080 (General Order No. R-499, Docket No. UT-991922), § 480-121-060, filed 5/14/02, effective 6/17/02. Statutory Authority: RCW 80.01.040. WSR 99-13-097 (Order R-464, Docket No. UT-980083), § 480-121-060, filed 6/15/99, effective 7/16/99.]



PDF480-121-061

General requirements to classify a telecommunications company as competitive or to classify a service provided by a telecommunications company as competitive.

(1) Initiation of classification proceedings. A telecommunications company requesting competitive classification must file a petition with the commission. The petition must state the effective date of the requested classification, which must be at least thirty days after the filing date. The commission may initiate a competitive classification proceeding on its own motion by order instituting investigation.
(2) Intervention. Any person desiring to participate in a competitive classification proceeding may petition to intervene as provided in WAC 480-07-355.
(3) Additional parties. In any competitive classification proceeding the commission may require all regulated telecommunications companies potentially affected by the proceeding to appear as parties to determine the proper classification of the affected companies.
(4) Burden of proof. In any competitive classification proceeding, the telecommunications company has the burden of demonstrating that the company or specific service(s) is subject to effective competition.
(5) Effective competition. Effective competition means that customers of the service(s) have reasonably available alternatives and that the company does not have a significant captive customer base for the service(s). The commission will consider the factors outlined in RCW 80.36.320 (1)(a) through (d) when determining whether a company is competitive.
(6) The competitive classification becomes effective on the stated effective date unless the commission suspends the proposed classification. If the commission suspends a proposed classification, it will enter a final order within six months from the date the petition was filed.
[Statutory Authority: RCW 80.01.040 and 80.04.160. WSR 03-24-028 (General Order R-510, Docket No. A-010648), § 480-121-061, filed 11/24/03, effective 1/1/04; WSR 02-11-080 (General Order No. R-499, Docket No. UT-991922), § 480-121-061, filed 5/14/02, effective 6/17/02; WSR 01-09-002 (Docket No. U-991301, General Order No. R-481), § 480-121-061, filed 4/4/01, effective 5/5/01.]



PDF480-121-062

Requirements for filing a petition for competitive classification of a telecommunications service.

A petition for competitive classification of a telecommunications service must, at a minimum, include:
(1) The name and address of the petitioning company;
(2) The name and telephone number of regulatory contact;
(3) A description of the services it offers;
(4) The names and addresses of any entities that would be classified as "affiliated interests" of the petitioner as defined in RCW 80.16.010; and
(5) A description of the service the petitioner proposes to classify as competitive. With respect to each service, the petitioner must provide the following information:
(a) A description of all functionally equivalent or substitute services in the relevant market;
(b) The names and addresses of all providers of the services known or reasonably knowable to the petitioner;
(c) The prices, terms, and conditions under which the services are offered by competitors to the extent known or reasonably knowable to the petitioner;
(d) A geographical description of the relevant market;
(e) An estimate of the petitioner's market share;
(f) A description of ease of entry into the market; and
(g) A statement of whether the petitioner has a significant captive customer base and the basis for any contention that it does not.
[Statutory Authority: RCW 80.01.040 and 80.04.160. WSR 02-11-080 (General Order No. R-499, Docket No. UT-991922), § 480-121-062, filed 5/14/02, effective 7/16/02; WSR 01-09-002 (Docket No. U-991301, General Order No. R-481), § 480-121-062, filed 4/4/01, effective 5/5/01.]



PDF480-121-063

Regulatory requirements that may be waived for competitively classified telecommunications companies.

(1) The following regulatory requirements are waived for competitively classified companies:
(a) RCW 80.04.300 (Budgets to be filed by companies—Supplementary budgets);
(b) RCW 80.04.310 (Commission's control over expenditures);
(c) RCW 80.04.320 (Budget rules);
(d) RCW 80.04.330 (Effect of unauthorized expenditure—Emergencies);
(e) RCW 80.04.360 (Earnings in excess of reasonable rate—Consideration in fixing rates);
(f) RCW 80.04.460 (Investigation of accidents);
(g) RCW 80.04.520 (Approval of lease of utility facilities);
(h) RCW 80.36.100 (Tariff schedules to be filed and open to public);
(i) RCW 80.36.110 (Tariff changes—Statutory notice—Exception);
(j) Chapter 80.08 RCW (Securities) (except RCW 80.08.140, State not obligated);
(k) Chapter 80.12 RCW (Transfers of property);
(l) Chapter 80.16 RCW (Affiliated interests);
(m) WAC 480-80-101 Tariff requirements through WAC 480-80-143 Special contracts for gas, electric, and water companies;
(n) Chapter 480-140 WAC (Commission general—Budgets);
(o) Chapter 480-143 WAC (Commission general—Transfers of property);
(p) WAC 480-120-102 (Service offered);
(q) WAC 480-120-339 (Streamlined filing requirements for Class B telecommunications company rate increases);
(r) WAC 480-120-399 (Access charge and universal service reporting);
(s) WAC 480-120-344 (Expenditures for political or legislative activities);
(t) WAC 480-120-352 (Washington Exchange Carrier Association (WECA));
(u) WAC 480-120-369 (Transferring cash or assuming obligation);
(v) WAC 480-120-375 (Affiliated interests—Contracts or arrangements);
(w) WAC 480-120-389 (Securities report); and
(x) WAC 480-120-395 (Affiliated interest and subsidiary transactions report).
This rule supersedes all waivers of regulatory requirements for competitively classified companies granted by the commission at the time of a company's competitive classification. However, subsequent to the adoption of this rule, the commission may revoke the waiver of any regulatory requirement set forth in (a) through (x) of this subsection or may waive any regulatory requirement not included in (a) through (x) of this subsection.
(2) The commission may by order revoke waivers of regulatory requirements if it determines that revocation is necessary to protect the public interest.
(3) In addition, the commission may waive regulatory requirements for telecommunications companies that it has classified as competitive if it determines that competition with the regulatory waiver will serve the same purposes as public interest regulation.
[Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160, and 34.05.353. WSR 06-17-087 (Docket A-060475, General Order No. R-537), § 480-121-063, filed 8/14/06, effective 9/14/06. RCW 80.01.040, 80.04.160 and 81.04.160. WSR 05-17-026 (Docket No. A-021178 and TO-030288, General Order No. R-522), § 480-121-063, filed 8/5/05, effective 9/5/05. Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160 and 34.05.353. WSR 05-06-051 (Docket No. A-021178 and TO-030288, General Order No. R-518), § 480-121-063, filed 2/28/05, effective 3/31/05; WSR 03-22-046 (Docket No. A-030832, General Order No. R-509), § 480-121-063, filed 10/29/03, effective 11/29/03. Statutory Authority: RCW 80.01.040 and 80.04.160. WSR 02-11-080 (General Order No. R-499, Docket No. UT-991922), § 480-121-063, filed 5/14/02, effective 6/17/02; WSR 01-09-002 (Docket No. U-991301, General Order No. R-481), § 480-121-063, filed 4/4/01, effective 5/5/01.]



PDF480-121-064

Reclassifying a competitive telecommunications company or service.

After notice and hearing, the commission may reclassify any competitive telecommunications company or service if it determines that reclassification would protect the public interest. The telecommunications company must demonstrate that the existing competitive classification is proper and consistent with the public interest.
[Statutory Authority: RCW 80.01.040 and 80.04.160. WSR 02-11-080 (General Order No. R-499, Docket No. UT-991922), § 480-121-064, filed 5/14/02, effective 6/17/02; WSR 01-09-002 (Docket No. U-991301, General Order No. R-481), § 480-121-064, filed 4/4/01, effective 5/5/01.]



PDF480-121-065

Customer notice requirementsPetition for competitive classification of a service or a company.

(1) When a telecommunications company petitions for competitive classification of a telecommunications service(s), the company must provide notice to each affected customer at least thirty days before the requested effective date.
(2) Each customer notice must include, at a minimum:
(a) The date the notice is issued and the proposed effective date of the competitive classification;
(b) The company name and address;
(c) A clear explanation of the proposal to give customers the basis for understanding the proposal and the potential impact of the change. The company may satisfy this requirement with its own explanation or by using commission-developed language available from the commission's designated public affairs officer;
(d) A description of how customers may contact the company if they have specific questions or need additional information about the proposal; and
(e) Public involvement language. A company may choose from:
(i) Commission-suggested language that is available from the commission's designated public affairs officer; or
(ii) Company-developed language that must include the commission's mailing address, toll-free number, and docket number, if known, and a brief explanation of:
(A) How to participate in the commission's process by mailing or faxing a letter, or submitting an email; and
(B) How to contact the commission for process questions or to be notified of the scheduled open meeting at which the proposal will be considered by the commission.
(3) Methods of notice permitted include a bill insert, bill message, printing on the billing envelope, a separate mailing to all affected customers or, if the company has the capability and the customer has authorized, by email.
(4) Within ten days of making a filing requiring posting, publication, or customer notice, a company must file a declaration with the commission's records center that the required notice has been posted, published, and/or mailed. The declaration must include:
(a) The methods used to post, publish, and/or give notice to customers;
(b) When the notice was first posted, published, and/or issued to customers;
(c) How many customers are affected; and
(d) A copy of the notice.
(5) A company may request assistance from the commission's designated public affairs officer with efforts to comply with this section.
(6) The commission may require notice to customers other than those described in this rule when the commission determines that additional customer education is needed.
[Statutory Authority: Chapter 19.122 RCW, RCW 19.122.053, 80.01.040, and 80.04.160. WSR 15-08-043 (Docket UT-140680, General Order R-580), § 480-121-065, filed 3/26/15, effective 4/26/15. Statutory Authority: RCW 80.01.040 and 80.04.180. WSR 02-11-081 (Docket No. U-991301, General Order No. R-498), § 480-121-065, filed 5/14/02, effective 6/17/02.]