BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION


In the Matter of the Petition of    )
       )
Rainier Cable, Inc.,     )
       ) DOCKET UT-981155
       )
for Classification as a Competitive  ) ORDER GRANTING PETITION
Telecommunications Company.   )
  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .)


  By petition filed September 1, 1998, Rainier Cable, Inc., (Rainier Cable) 
seeks classification in Docket UT-981155 as a competitive telecommunications 
company pursuant to RCW 80.36.320 and WAC 480-120-023.  Rainier Cable is 
registered with the Commission as a telecommunications company to provide local 
exchange and intrastate interexchange telecommunications services to the 
public.  In support of its petition, Rainier Cable, alleges inter alia that its 
services compete with other intraexchange and interexchange carriers’ 
telecommunication services. The company filed written testimony in support of 
competitive classification, which accompanied its petition.

  In conjunction with classification, the company is seeking waiver of the 
requirements of various provisions of chapter 80.36 RCW and chapter 480-120 
WAC.  

  The company seeks the following waivers:

 RCW 80.04.250 Property Valuation
 RCW 80.04.300 Budgets to be filed by companies--supplementary budgets 
 RCW 80.04.310 Commission's control over expenditures 
 RCW 80.04.320 Budget rules 
 RCW 80.04.330 Effect of unauthorized expenditure--Emergencies 
 RCW 80.04.460 Investigation of accidents 
 RCW 80.04.520 Lease of utility facilities  
 Chapter 80.08 RCW Securities (Except RCW 80.08.140, State not     obligated)
 Chapter 80.12 RCW Transfers of Property
 Chapter 80.16 RCW Affiliated Interests
 RCW 80.36.100 Tariff schedules to be filed and open to 
public                            RCW 80.36.110 Tariff changes--Statutory 
notice--Exception
 RCW 80.36.150 Contracts
 RCW 80.36.170 Unreasonable Preferences
 RCW 80.36.180 Rate Discrimination
      WAC 480-120-026 Tariffs
 WAC 480-120-031 Accounting
 WAC 480-120-032 Accounting--Political information and political 
education activities
 WAC 480-120-036 Finance--Securities, affiliated interest, transfer of property
 WAC 480-120-046 Services offered
 WAC 480-120-066 Contract for service
 WAC 480-120-106 Form of Bills
 WAC 480-120-131 Reports of accidents
 Chapter 480-80 WAC    
Tariffs                                                                         
  
Chapter 480-140 WAC   Budgets
 Chapter 480-143 WAC   Transfers of Property 
         Chapter 480-146 WAC   Securities and Affiliated 
Interests                                                                  
  Rules invoked include those within chapter 480-09 WAC, specifically WAC 
480-09-520 and WAC 480-120-022, WAC 480-120-023, WAC 480-120-024, and WAC 
480-120-025.  Statutes invoked include RCW 80.36.145 and 80.36.320.  The 
ultimate issues are whether Rainier Cable should be classified as a competitive 
telecommunications company, and the extent to which it should be relieved of 
regula- tory requirements to which it would otherwise be subject.

  Based upon the entire record and the file in this matter, the Commission 
makes the following findings of fact and conclusions of law.


FINDINGS OF FACT

  
DOCKET UT-981155                    
  1. Rainier Cable, Inc., is registered with the Commission as a 
tele-communications company to provide local exchange and intrastate 
interexchange telecommunications services to the public.

  2. Alternative providers of service to that of Rainier Cable, Inc., include 
but are not limited to AT&T Communications, Inc., U S WEST Communications, 
Inc., Electric Lightwave, Inc., and TCG Seattle.  All services are fully 
available from alternative providers in the relevant market. 

  3. The relevant market is the state of Washington.

  4. Rainier Cable, Inc., has no captive customer base.

  5. The services offered are subject to effective competition.

  6. Rainier Cable, Inc., should be permitted to provide services under a price 
list.

  7. Rainier Cable, Inc., requested waivers of certain laws and rules relating 
to telecommunications services.  The laws and rules for which waivers should be 
granted are listed on Appendix A, attached, incorporated by this reference, and 
made a part of this Order.



CONCLUSIONS OF LAW


  1. The Washington Utilities and Transportation Commission has jurisdiction 
over the subject matter of this classification proceeding and the parties.

  2. Rainier Cable, Inc., should be classified as a competitive 
telecom-munications company pursuant to RCW 80.36.320(1).

  3. Rainier Cable, Inc., will be permitted to provide services under price 
lists pursuant to RCW 80.36.320 (2), the format of which will be subject to 
prior approval by the Commission. 

  4. Rainier Cable, Inc., should be granted waiver of the laws and rules listed 
in Appendix A.  Waiver of laws and rules requested that are not included in 
Appendix A should be denied.

O R D E R

  THE COMMISSION ORDERS:

  1. The petition of Rainier Cable, Inc., for classification as a competi-tive 
tele-communications company, is granted. 

  2. Waiver is granted of the laws and rules listed in Appendix A.

  3.  Rainier Cable, Inc., is authorized to offer services under price lists, 
the format of which will be subject to prior approval by the Commission, with 
price lists effective only after ten days notice to the Commission and to 
customers.  In the event of a price reduction or a change in terms or 
conditions which do not have rate impact, personal notice to customers will not 
be required.  Although the Commission does not have authority to waive the 
notice requirement, Rainier Cable, Inc., will have the option to publish notice 
of price reductions by a display advertisement in such newspaper or newspapers 
as are geographically situated so as to be circulated over the company's 
service area.  

  4. The Commission retains jurisdiction over the subject matter and the 
parties to effectuate the terms of this Order.

  DATED at Olympia, Washington, and effective this 14th day of October, 1998. 

  WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION




      CAROLE J. WASHBURN, Secretary


APPENDIX A

RCW 80.04.250  Property valuation
RCW 80.04.300  Budgets to be filed by companies--Supplementary budgets
RCW 80.04.310   Commission’s control over expenditures
RCW 80.04.320  Budget rules
RCW 80.04.330  Effect of unauthorized expenditure--Emergencies
RCW 80.04.360  Earnings in excess of reasonable rate--Consideration in fixing 
rates
RCW 80.04.460  Investigation of accidents
RCW 80.04.520  Lease of utility facilities
RCW 80.36.100  Tariff schedules to be filed and open to public
RCW 80.36.110  Tariff changes--Statutory notice--Exception

Chapter 80.08 RCW Securities (except RCW 80.08.140, State not obligated)
Chapter 80.12 RCW Transfers of Property
Chapter 80.16 RCW Affiliated interests

Chapter 480-80 WAC Tariffs
Chapter 480-140 WAC Budgets
Chapter 480-143 WAC Transfers of Property
Chapter 480-146 WAC Securities and affiliated interests

WAC 480-120-026  Tariffs 
WAC 480-120-031  Accounting
WAC 480-120-032  Accounting-Political information and political education 
activities
WAC 480-120-036  Finance--Securities, affiliated interest, transfer of property
WAC 480-120-046  Services offered
WAC 480-120-131  Reports of accidents