Intel's December 28, 1995 motion before WUTC on US WEST tariffs in Washington BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION WASHINGTON UTILITIES AND ) TRANSPORTATION COMMISSION ) Docket No. UT-950200 ) Complainant, ) ) v. ) ) U S WEST COMMUNICATIONS, INC., ) Respondent. ) ____________________________________) Motion for Limited Intervention and for Continuance/Deferral of U S WEST ISDN Rate Increase Proposal I. Introduction and Summary Intel Corporation ("Intel") hereby respectfully moves for limited intervention in the above-captioned docket to seek a continuance or other deferral of U S WEST's ISDN rate increase proposals which are currently scheduled for consideration in hearings commencing on January 8, 1996. This request is based on the following facts: (i) U S WEST first proposed its roughly 300% increase in its flat rate ISDN tariff (from the existing $63 per month to $184 per month) as recently as October 3, 1995; (ii) required public notice of this and related U S WEST ISDN rate increases has not been provided (see, e.g., WAC 480-80-125); (iii) there is strong public interest in ISDN services; (iv) Intel's and the public's due process rights require that notice of U S WEST's proposed ISDN rate increase be provided before hearings are conducted on U S WEST's ISDN rate increase proposals; (v) U S WEST is responsible for its noncompliance with the notice requirements; and (vi) the Commission's decision-making will benefit from the informed and considered participation of the public -- including PC industry participants and the on-line community -- on U S WEST's ISDN rate increase proposal. II. Intel's and the Public's Interest in ISDN Intel, a leader in the computer industry, is playing an instrumental role in transforming the PC into a powerful, interactive, PSTN-connected communications tool. Analog Plain Old Telephone Service ("POTS") affords limited bandwidth, and recent developments in the PC industry and in customer preferences are highlighting the inadequacies of analog POTS. For example, access to the Internet, access to commercial on-line services, remote-LAN access and videoconferencing over analog POTS is substantially inferior than over ISDN services. While analog POTS affords 14.4 kilo bits per second ("kbps") or 28.8 kbps transmission speeds over standard modems, ISDN provides digital connectivity at up to 128 kbps (two 64 kbps channels) over existing copper local loop and digital switching facilities. As a result, the quality of on-line services access, remote-LAN access, and videoconferencing is substantially superior using ISDN technology than using analog POTS. Thus, Intel and the public have a substantial interest in the reasonable pricing of and the development of a mass-market for ISDN-based 128 kbps telecommunications services. III. U S WEST Has Not Provided the Required Public Notice Although, U S WEST has provided the public notices set forth as Exhibit A in connection with this docket, these public notices do not contain any mention of the proposed 300% (or any other) ISDN rate increase. U S WEST's ISDN rate proposals contained in testimony filed on June 1, 1995 and October 3, 1995 were served only on the parties on the formal service list in this docket. Neither the June 1, 1995 U S WEST ISDN rate proposals nor its October 3, 1995 supplements and modifications thereto have been publicly noticed by U S WEST as expressly required. Intel is concerned by US WEST's ISDN rate proposal in this docket, and the Commission will benefit from the participation of an informed public in this docket. Therefore, Intel requests that U S WEST be required to provide the necessary public notice before U S WEST's ISDN rate proposal can be considered in this docket, preserving Intel's and the public's due process rights. These due process rights are particularly significant given that U S WEST is seeking an unprecedented, almost 300%, increase in rates. The Commission should not consider U S WEST's ISDN rate increase proposal unless and until U S WEST provides the required public notice and affords members of the public, including Intel, an opportunity to intervene and respond to the proposal. Intel respectfully requests that the Commission (i) order U S WEST to issue the appropriate public notices as required by law, and defer the hearings on the ISDN issue in this docket, or (ii) investigate and review the proposed ISDN rates in a separate docket. Date: December 28, 1995 Respectfully submitted, INTEL CORPORATION ____________________________ Dhruv Khanna, Esq. Senior Attorney,Intel Corporation Mail Stop: HF3-03 5200 N.E. Elam Young Parkway Hillsboro, OR 97124 (503) 696-7162 fax: (503) 696-1809 Attorney for Intel Corporation