BEFORE THE 
WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION

PROPOSED RULEMAKING TO ADOPT  )
A METHODOLOGY FOR DETERMINATION ) NO. UT-970723
OF JUST AND REASONABLE RATES FOR )
ATTACHMENT TO TRANSMISSION  )
FACILITIES      )
_____________________________________ )

COMMENTS OF GTE NORTHWEST INCORPORATED


 GTE Northwest Incorporated ("GTE") hereby submits its comments in response to 
the Washington Utilities and Transportation Commission’s (WUTC) Preproposal 
Statement of Intent (CR-101), Docket UT - 970723, dated March 31, 1998. 
INTRODUCTION
 GTE believes that Commission Staff’s inclination to adopt the FCC’s 
methodology pursuant to the FCC’s Report and Order in CS Docket No. 97-151, 
dated February 6, 1998, warrants further discussion.  GTE endorses Commission 
Staff’s recommendation of making private negotiation the primary means of 
setting attachment rates as well as a “flash cut” to the adopted methodology.  
The Commission should afford itself the opportunity, in this rulemaking, to 
reconcile incongruities that are inherent in the FCC rules.
•There should not be a different rate formula for CATV from Telecommunications 
providers.

•The rate formulas adopted in this proceeding should apply equally to all 
attachees, both public and private.

•ILEC’s should receive the same level of Commission protection as other 
attaching entities.    


1. THERE “SHOULD NOT” BE A DIFFERENT RATE FORMULA FOR CATV FROM 
TELECOMMUNICATIONS PROVIDERS.

  It is illogical to conclude that CATV and Telecommunications rates could be 
different if both reflect the true cost of attaching to an owner’s pole.  If 
the telecommunications rate accurately reflects the actual historical cost of 
the space utilized, then one can only be drawn to the conclusion that CATV is 
being unduly subsidized by the pole owner for the space it uses. On the other 
hand, if the CATV rate accurately represents the true cost, then 
telecommunications providers would be overcharged for the space they utilize.
 If the Commission adopts the CATV usable space methodology for CATV, then GTE 
recommends that the CATV usable rate methodology be utilized for all attaching 
entities, including telecommunications and electric providers.  To do otherwise 
would be in violation of RCW 80.54.040.  RCW 80.54.040 makes it clear that 
compensation to the pole owner for the required support and clearance space be 
in proportion to the space used for the attachment.  Thus, under current 
Washington law, only the CATV rate methodology is appropriate for all attachees.

2. THE RATE FORMULAS ADOPTED IN THIS PROCEEDING SHOULD APPLY EQUALLY TO ALL 
ENTITIES, BOTH PUBLIC AND PRIVATE. 

 Cooperatives, public utility districts and municipally owned utilities should 
be subject to the same rate formulas as private utilities.  Rural areas of the 
state are largely served by public utilities. Onerous rates, terms and 
conditions for pole attachments, whether charged by private or public 
utilities, could become a barrier to facilities based competition and undermine 
the benefits that such competition would bring to the citizens of rural 
Washington.        

3. ILEC’S SHOULD RECEIVE THE SAME LEVEL OF COMMISSION PROTECTION AS OTHER 
ATTACHING ENTITIES.

 FCC rules excluding Incumbent LEC’s from equal treatment for reasonable terms, 
rates and conditions on pole attachments are untenable. FCC rules have left 
ILEC’s with costly  litigation as the only alternative when disputes arise with 
other pole owners regarding terms, rates and conditions.  The Commission must 
make it clear that all pole attachees, including ILEC’s, are afforded the same 
level of protection under adopted rules when negotiations over rates, terms and 
conditions have broken down.