BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION
      

         

In the Matter of the Application of

BEAVER CREEK TELEPHONE COMPANY

For Registration as a Telecommunications Company.
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		DOCKET UT-991338
		
		
		ORDER GRANTING WAIVER OF WAC 480-121-010; AND AUTHORIZING REGISTRATION

BACKGROUND

  By application filed August 26, 1999, in Docket UT-991338, Beaver Creek 
Telephone Company (Beaver Creek) seeks registration as a telecommunications 
company pursuant to RCW 80.36.350, and requests a waiver of WAC 480-121-010. 
The registration application, and waiver request were brought before the 
Commission at its regularly scheduled open public meeting of September 8, 1999.

DISCUSSION
               Beaver Creek proposes to register with the Commission as a 
telecommunications company to offer basic telecommunications services to 
currently unserved areas in Snohomish and King Counties respectively known as 
Silverton and Devil’s Club.  To do so, Beaver Creek may use copper or fiber 
optic and wireless transmission materials and methods.  The applicant may be 
the sole available telecommunications provider for some of its potential 
customers.  As a prerequisite for many of the necessary steps involved in 
preparing to construct facilities to serve the people who live in these areas, 
Beaver Creek requires a registration at this time.

  Beaver Creek requests a waiver of WAC 480-121-010 because it is currently 
unable to support a petition for competitive classification, and to provide a 
complete initial price list.  As potentially the sole provider to many of its 
customers, it can not currently support a petition for competitive 
classification and is therefore not permitted to file a price list.  Nor can it 
include a description of services and prices in a tariff or price list until 
its costs and financial resources are clarified through a process that requires 
this registration.  Prior to providing service, Beaver Creek must file an 
initial tariff subject to the Commission’s approval with an inserted effective 
date providing no less than 30 days of notice.

  Beaver Creek is a Washington corporation, headquartered in Seattle, 
Washington, and is owned by A. Joel Eisenberg and Yvette Melendez. 

  Beaver Creek has provided information showing that it meets the requirements 
of RCW 80.36.350.  Applicant does not propose to collect advance payments or 
deposits from customers.

  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
  
     
  1. Beaver Creek filed an application for registration as a telecommunications 
company pursuant to the provisions of RCW 80.36.350 to provide basic 
telecommunications services to Silverton and Devil’s Club.
 
  2. Beaver Creek has requested a waiver of WAC 480-121-010 in accordance with 
WAC 480-121-015.

  3. As to form, the application meets the requirements of RCW 80.36.350 and 
complies with the Commission’s rules and regulations except as waived by this 
Order.

  4. The registration of Beaver Creek as a telecommunications company is not 
inconsistent with the public interest.

  5. In this proceeding, the Commission in no way endorses the financial 
viability of applicant nor the investment quality of any securities it may 
issue.


CONCLUSIONS OF LAW

  1. The Washington Utilities and Transportation Commission has jurisdiction 
over the subject matter of this registration application and Beaver Creek.

  2. Beaver Creek should be registered as a telecommunications company pursuant 
to RCW 80.36.350.

  3. The request for waiver of the of WAC 480-121-010 by Beaver Creek is 
consistent with the public interest and should therefore be granted. 


ORDER

  THE COMMISSION ORDERS:

  1. After the effective date of this Order and subject to any conditions 
imposed, the application of Beaver Creek Telephone Company requesting an Order 
authorizing registration as a telecommunications company to provide service to 
the public in this state is approved.
 
  2. Prior to providing service Beaver Creek Telephone Company will file an 
initial tariff subject to the Commission’s approval with an inserted effective 
date providing no less than 30 days of notice.
  
  3. After the effective date of this Order and subject to any conditions 
imposed, the request of Beaver Creek Telephone Company for a waiver of the 
following rules is granted: WAC 480-121-010, Filing of Registration 
Application, Competitive Classification Petition, and Price List.

  4. Registration of Beaver Creek Telephone Company as a telecommunications 
company shall not be construed as an endorsement of financial viability nor of 
the investment quality of any securities it may issue.

  5. As a telecommunications company providing service to the public in this 
state, Beaver Creek Telephone Company is subject to the jurisdiction of this 
Commission under the provisions of Title 80 RCW and all rules and regulations 
adopted by the Commission. 

  6. Beaver Creek Telephone Company is not authorized to collect advance 
payments or deposits unless it first demonstrates to the Commission’s 
satisfaction that it has an arrangement to protect customer monies as provided 
in WAC 480-121-058.

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

  DATED at Olympia, Washington, and effective this 8th day of
September, 1999.

  WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION
    


      MARILYN SHOWALTER, Chairwoman


       
      WILLIAM R. GILLIS, Commissioner