PREPROPOSAL STATEMENT OF INQUIRY
(RCW 34.05.310)	
	CR-101 (7/10/97)
	Do NOT use for expedited repeal or adoption
Agency: WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION	
Subject of possible rule making:  
Establishing a rule for rates for attachments to transmission facilities.  
Create a methodology for determination of just and reasonable attachment rates 
in the utility industry.  Docket No.  UT-970723.

	
(a) Statutes authorizing the agency to adopt rules on this subject:
RCW 80.54.060 and 80.01.040.	
(b) Reasons why rules on this subject may be needed and what they might 
accomplish:

Competition in the state utility market has instigated the need to establish an 
efficient and effective methodology to create fair, consistent and effective 
rates for attachments to transmission facilities.  The lack of a prescribed 
methodology creates uncertainty and unpredictability, resulting in recourse to 
Commission complaint procedures.  This is burdensome to the Commission and to 
the affected companies, and an impediment to the development of competition.  
The lack of rules also creates uncertainty as to whether Washington regulates 
pole attachment rates sufficiently to preempt Federal Communications Commission 
regulation of the subject.  The adoption of rules implementing Chapter 80.54 
RCW will eliminate these problems.  It also will comply with the Commission’s 
mandate under 80.54.060 to adopt rules, regulations and procedures relative to 
the implementation of Chapter 80.54.


	
(c) Identify other federal and state agencies that regulate this subject and 
the process coordinating the rule with these agencies:

The Commission is not aware of any other federal or state agency that regulates 
this subject in Washington State.  The FCC regulates cable television 
attachments and will be adopting rules regulating all telecommunications 
attachments,  but is preempted from regulating attachments when a state 
regulates them.  The FCC has identified Washington as a state in which rates, 
terms and conditions of attachments are regulated at the state level. The 
Commission intention is to adopt the same methodology as established in the FCC 
rules. 


	
(d) Process for developing new rule (check all that apply):
      X  Negotiated rule making
      9  Pilot rule making
      9  Agency study
      X  Other (describe)

Workshop type meetings with regulated utilities, interested parties and 
consumer representatives in which information and views are exchanged in an 
effort to reach consensus on the issues.      	
(e) How interested parties can participate in the decision to adopt the new 
rule and formulation of the proposed 
      rule before publication:
    (List names, addresses, telephone, fax numbers of persons to contact 
describe meetings, other exchanges of information, etc.)
All utility companies and interested persons listed with the Commission Records 
Center will be notified of the 
proposed rule process.
It is envisioned that there will be at least one meeting scheduled to discuss 
the proposed rulemaking with industry representatives in 1997.  All persons 
filing comments will be notified of the dates of the meetings.  After 
evaluating comments of interested persons, the Commission will determine 
whether additional public input is appropriate, and establish procedural 
requirements at that time. 





	
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