BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION


In the Matter of the Petition of    )
       )
GOLDEN HARBOR OF WASHINGTON, ) DOCKET UT-971502
 INC.       )            )    
       ) ORDER GRANTING PETITION
       ) 
for Classification as a Competitive  ) 
Telecommunications Company.   )
  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .)


  By petition filed October 10, 1997, Golden Harbor of Washington, Inc., 
(Golden), seeks classification in Docket UT-971502 as a competitive 
telecommunications company pursuant to RCW 80.36.320 and WAC 480-120-023.

  Golden was registered with the Commission in Docket UT-971501 as a 
telecommunications company to provide interLATA, intraLATA, high speed private 
line and data, local exchange, switched access and other telecommunications 
services to the public.  

  In support of its petition, Golden alleges inter alia that its services 
compete with other 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 80.04.300 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  
 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
      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
 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
 RCW 80.04.350 Depreciation and retirement accounts
 WAC 480-120-106 Form of bills
                                                                   
  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 Golden should be classified as a competitive 
telecommunications company, and the extent to which it should be relieved of 
regulatory 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-971502       PAGE 1                 
  1. Golden is registered with the Commission as a tele-communications company 
to provide interLATA, intraLATA, high speed private line and data, local 
exchange, switched access and other telecommunications services to the public.

  2. Alternative providers of service to that of Golden include, but are not 
limited to, AT&T Communications, Inc., U S WEST Communications, Inc., MCI 
Communications Corp., and  Sprint Communications Company.  All services are 
fully available from alternative providers in the relevant market. 

  3. The relevant market is the state of Washington.

  4. Golden has no captive customer base.

  5. The services offered are subject to effective competition.

  6. Golden should be permitted to provide services under a price list.

  7. Golden 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. Golden should be classified as a competitive telecommunications company 
pursuant to RCW 80.36.320(1).

  3. Golden 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.  These services will not include alternate operator services as 
defined in WAC 480-120-141.

  4. Golden 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 Golden Harbor of Washington, Inc., for classification as a 
competitive tele-communications company, is granted. 

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

  3.  Golden Harbor of Washington, Inc., is authorized to offer services under 
price lists, the format of which will be subject to prior approval by the 
Commis- sion, 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, Golden Harbor of Washington, 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 services offered by Golden Harbor of Washington, Inc., are not to 
include alternate operator services as defined in WAC 480-120-141.

  5. 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 23rd day of 
September, 1998.
 


  WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION



       CAROLE J. WASHBURN
       Executive Secretary



DOCKET UT-971502

APPENDIX A

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