(1) Contracts to be filed. Telecommunications companies not classified as competitive must file with the commission:
(a) All contracts for retail sale to end-use customers of intrastate telecommunications services not classified as competitive that:
(i) State rates, charges, prices, terms, or conditions that are not consistent with any existing tariff; or
(ii) Provide for telecommunications services not specifically addressed in the existing tariffs.
(b) Any significant modification of a previously executed contract will be treated as a new contract.
(c) A service order made pursuant to a filed contract is not itself a contract or contract amendment and need not be filed with the commission.
(2) Duration. All contracts must be for a stated time period.
(3) Ratemaking disclaimer. Unless otherwise provided by the commission, approval of contracts will not be determinative with respect to the expenses and revenues of the company for subsequent ratemaking considerations.
(4) Types of telecommunications contracts. The following types of telecommunications contracts have special or unique features, effective dates, and requirements:
(a) Federal, state, and local government "firm bid" contracts are governed under subsection (5) of this section.
(b) School, library, and rural health care (RHC) provider contracts entered into pursuant to 47 C.F.R., Part 54, are governed under subsection (6) of this section.
(c) All other retail contracts are governed under subsection (7) of this section.
summary comparison of the different types of retail contracts |
Subsection | Contract Type | When to File | Effective Date |
(5) | Federal, State, and Local Firm Bid | no later than fifteen days after acceptance | when filed or later as specified |
(6) | 47 C.F.R. Part 54; Schools, Libraries, and RHCs | no later than fifteen days after acceptance | when filed or later as specified |
(7) | All other retail contracts | no later than thirty days prior to the proposed effective date | at least thirty days after filing |
(5) Federal, state, and local government "firm bid" contracts - filing requirements and effective dates. Where a government agency asserts its authority to solicit a firm offer of services, and a contract subject to this section is submitted in response to that solicitation, the noncompetitive telecommunications company must file the contract with the commission no later than fifteen days after acceptance. The filing must include the same documentation as required for approval by subsection (7)(b) of this section and, if applicable, subsection (8) of this section. The contract will become effective at the time specified in the contract, but not earlier than when filed with the commission.
(6) School, library, and RHC provider contracts - filing requirements and effective dates. A telecommunications company that enters into a contract to provide service to a school, library, or RHC provider, as part of the federal universal service program, must file the contract with the commission no later than fifteen days after acceptance by the administrator of the federal universal service program. The filing must include the same documentation as required for approval by subsection (7)(b) of this section and, if applicable, subsection (8) of this section. The contract will become effective at the time specified in the contract, but not earlier than when filed with the commission.
(7) All other retail contracts - standard filing requirements and effective dates.
(a) Contracts must be filed with the commission not less than thirty days before the proposed effective date of the contract.
(b) Each application filed for commission approval of a contract must:
(i) Include a complete copy of the proposed contract;
(ii) Show that the contract meets the requirements of RCW
80.36.170 (Prohibiting unreasonable preference) and RCW
80.36.180 (Prohibiting rate discrimination);
(iii) Demonstrate, at a minimum, that the contract charges cover the company's cost of providing the service. Costs will be determined under a long-run incremental cost analysis, including as part of the incremental cost, the price charged by the offering company to other telecommunications companies for any essential function used to provide the service, or any other commission-approved cost method.
(iv) Summarize the basis of the charge(s) proposed in the contract and explain the derivation of the proposed charge(s) including all cost computations involved; and
(v) Indicate the basis for using a contract rather than a filed tariff for the specific service involved.
(c) Contracts will become effective on the effective date stated on the contract or thirty days after the filing date, whichever occurs later, unless suspended or rejected by the commission. The commission may approve an earlier effective date if requested by the company, in which event the contract shall not become effective on a date that precedes commission approval. A request for an earlier effective date must include a complete explanation of why an earlier effective date is appropriate.
(8) Confidentiality. Filings under this section may be submitted with portions designated "confidential" pursuant to WAC
480-07-160. However, any filing that designates as "confidential" the essential terms and conditions will be rejected by the commission as not in compliance with the public inspection requirement of RCW
80.36.150(1). Essential terms and conditions are:
(a) Nature, characteristics, and quantity of the service provided;
(b) Duration of the contract, including the stated effective date, ending date, and any options to renew;
(c) Charge(s) for service, including minimum charge provisions; and
(d) Geographic location(s), such as exchange or city, where service will be provided.
