BEFORE THE WASHINGTON UTILITIES 
AND TRANSPORTATION COMMISSION


In the Matter of:

CAMELOT SQUARE MOBILE HOME PARK,	
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		FINDINGS OF FACT AND
		CONCLUSIONS OF LAW - 1
		
		134382.1/2v_% (15263.2)
		
		Docket No. UT-960832
		
		
		

In the Matter of:

SKYLARK VILLAGE MOBILE HOME PARK,	)
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		Docket No. UT-961341

In the Matter of:

BELMOR MOBILE HOME PARK.	)
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		Docket No. UT-961342
		
		



PROPOSED FINDINGS OF FACT, CONCLUSIONS OF LAW
AND ADMINISTRATIVE ORDER

August 1, 1997
 THIS MATTER having come on for hearing before Administrative Law Judge 
Marjorie R. Schaer on June 10 and 11, 1997, the Court having heard the 
testimony, reviewed the exhibits, and considered the briefing of the parties of 
record, now, therefore, makes the following:
FINDINGS OF FACT
A. Camelot Square Mobile Home Park.
 1. Petitioner Camelot Square Mobile Home Park  ("Camelot Square") is located 
at 3001 South 288th, Federal Way, Washington 98003.
 2. Camelot Square is a community of 400 manufactured housing lots.  Residents 
lease a legal unit of real property from Camelot Square that is individually 
identified in the lease by a lot number and description of the lot's physical 
dimensions.  Residents own their manufactured home that is placed on their 
leased lot.  Residents are responsible for all maintenance of their lot and 
manufactured home.  Residents request telephone and utility service directly 
from the service providers who provide and maintain service to the point of 
entry into the residents' manufactured homes.
 3. U.S. West's predecessor in interest, Pacific Northwest Bell, designed, 
engineered, and installed buried service wire at Camelot Square in 1967.  The 
service wire was buried by U.S. West's predecessor without conduit.  Since 
1967, U.S. West or its predecessor has accessed and maintained the buried 
service wire located at Camelot Square.
 4. In 1974, a new addition was added to Camelot Square and new underground 
utilities were installed by Pacific Northwest Bell, Puget Power, and Washington 
Natural Gas.
 5. No service provider other than U.S. West has requested that Camelot Square 
provide trenching or conduit.
 6. U.S. West never required Camelot Square to provide trenching or conduit to 
replace buried service wire from 1967 to 1995.
 7. In 1995 and 1996, U.S. West received numerous repair calls from residents 
of Camelot Square concerning their telephone service.  U.S. West has determined 
that the buried service wire located at Camelot Square needs to be replaced.  
Camelot Square has made demand on U.S. West to replace the buried service 
wire.  However, U.S. West refuses to replace the buried service wire until 
Camelot Square provides trenching and conduit for U.S. West. 
 8. In refusing to repair the buried service wire at Camelot Square, U.S. West 
relies on the following provisions of U.S. West's Washington State Tariff for 
Exchange and Network Services ("Tariff"):
  (a) Section 4.6.A.2.f:
The property owner is responsible for the installation, maintenance and repair 
of the trench or conduit utilized for the company facilities to provide service 
within the owner's private party.

  (b) Section 2.5.2.C:
Any existing or new structures or work required to support telephone service on 
the customer's premises shall be provided at the expense of the customer. Such 
structure or work may include the placement or use of trenching, conduit, 
and/or poles to support telephone services provided on the customer's premises.
 9. Camelot Square had no control over how the buried service wire was 
installed. If Camelot Square had initially installed the buried service wire, 
it could have installed conduit or taken other measures to protect the buried 
service wire from deterioration. Because the Park had no control over how the 
buried service wire was installed, and was not allowed to participate in its 
maintenance over time, the need to replace the buried service wire is due to 
causes beyond Camelot Square's control.
 10. Unless the buried service wire is replaced, residents of Camelot Square 
will continue to experience problems with their telephone service.
 11. U.S. West's records confirm that it provided trenching to repair, 
maintain, and replace buried service wire ("BSW") at each of the communities on 
the following occasions:
 Date  Petitioner  Description
  6/2/94  Camelot  U.S. West repaired BSW. 
  4/14/95 Camelot  U.S. West repaired BSW.

  10/16/95 Camelot  U.S. West repaired BSW.

  1/28/96 Camelot  "BSW REPAIRED."
  1/31/96 Camelot  U.S. West repaired BSW.
  2/14/96 Camelot  U.S. West repaired BSW.
  9/16/96 Camelot  "REPR BSW REPL SNI REPR TEA."

  8/27/96 Camelot  "BSW REPAIRED."

  8/28/96 Camelot  U.S. West repaired BSW.
  11/20/96 Camelot  "BSW REP."
  11/25/96 Camelot  "DEF BSW CT2YBK REFERRED."

 2/6/97 Camelot   U.S. West "REPAIRED BSW AT TERMINAL." 

 12. A Demarcation Point is the point of interconnection between U.S. West's 
regulated telecommunications facilities and terminal equipment, protective 
apparatus or wiring at a premises.  The Demarcation Point for each resident at 
Camelot Square is  the point of entry into each resident's manufactured home.
B. Skylark Village Mobile Home Park.
 1. Petitioner Skylark Village Mobile Home Park  ("Skylark Village") is located 
at 800 - 29th Street S.E., and 3225 "M" Street S.E., in Auburn, Washington.
 2. Skylark Village is a community of 400 manufactured housing lots.  Residents 
lease a legal unit of real property from Skylark Village that is individually 
identified in the lease by a lot number and description of the lot's physical 
dimensions.  Residents own their manufactured home that is placed on their 
leased lot.  Residents are responsible for all maintenance of their lot and 
manufactured home.  Residents request telephone and utility service directly 
from the service providers who provide and maintain service to the point of 
entry into the residents' manufactured homes.
 3. U.S. West's predecessor in interest, Pacific Northwest Bell, designed, 
engineered and installed buried service wire at Skylark Village in 1959.  The 
service wire was buried by U.S. West's predecessor without conduit.  Skylark 
Village retains its business records since 1975.  Since 1975, U.S. West or its 
predecessor has accessed and maintained the buried service wire located at 
Skylark Village.
 4. In 1978, a new addition was added to Skylark Village and new underground 
utilities were installed by Pacific Northwest Bell, Puget Power, and Washington 
Natural Gas. In 1987, a new addition was added to Skylark Village and new 
underground utilities were installed by Pacific Northwest Bell, Puget Power, 
and Washington Natural Gas.
 5. No service provider other than U.S. West has requested that Skylark Village 
provide trenching or conduit.
 6. U.S. West never required Skylark Village to provide trenching or conduit to 
replace buried service wire from 1975 to 1995.
 7. In 1995 and 1996, U.S. West received numerous repair calls from residents 
of Skylark Village concerning their telephone service.  U.S. West has 
determined that the buried service wire located at Skylark Village needs to be 
replaced.  Skylark Village has made demand on U.S. West to replace the buried 
service wire.  However, U.S. West refuses to replace the buried service wire 
until Skylark Village provides trenching and conduit for U.S. West. 
 8. In refusing to repair the buried service wire at Skylark Village, U.S. West 
relies on the following provisions of U.S. West's Washington State Tariff for 
Exchange and Network Services ("Tariff"):
  (a) Section 4.6.A.2.f:
The property owner is responsible for the installation, maintenance and repair 
of the trench or conduit utilized for the company facilities to provide service 
within the owner's private party.

  (b) Section 2.5.2.C:
Any existing or new structures or work required to support telephone service on 
the customer's premises shall be provided at the expense of the customer. Such 
structure or work may include the placement or use of trenching, conduit, 
and/or poles to support telephone services provided on the customer's premises.
 9. Skylark Village had no control over how the buried service wire  was 
installed. If Skylark Village had initially installed the buried service  wire, 
it could have installed conduit or taken other measures to protect the  buried 
service wire from deterioration. Because the Park had no control  over how the 
buried service wire was installed, and was not allowed to  participate in its 
maintenance over time, the need to replace the buried  service wire is due to 
causes beyond Skylark Village's control.
 10. Unless the buried service wire is replaced, residents of Skylark  Village 
will continue to experience problems with their telephone   service.
 11. U.S. West never required Skylark Village to provide trenching or  conduit 
from 1975 to 1995 to repair buried service wire.  In mid-summer,  1994, U.S. 
West installed new buried service wire from Space A-1 to Space  B-7, which is 
approximately 200 feet. U.S. West provided its own trenching  to access and 
repair the buried service wire.  
 12. In the spring of 1995, the resident of Space B-17 experienced   problems 
with his telephone service.  U.S. West installed a temporary line on  top of 
the ground initially, but subsequently provided its own trenching to install  
new buried service wire.   
 13. In December 1995, the residents of Space Nos. E-6, E-12, E-24,  E-28 and 
E-30 experienced problems with their telephone service.  U.S. West  installed a 
temporary service line to restore service to Space Nos. E-6, E-12,  E-24, E-28 
and E-30.  The temporary service line was still in place as of  March 4, 1997.
 14. On December 7, 1995, Skylark Village filed an informal complaint  against 
U.S. West with the Washington Utilities and Transportation   Commission.
 15. In January 1996, the resident of Space 38 in Skylark Village II   
experienced problems with her telephone service.  U.S. West provided its  own 
trenching to access and replace approximately 100 feet of buried service  wire.
 16. In February 1996, the resident of Space E-7 experienced problems  with 
his  telephone service.  As a temporary remedy, U.S. West installed a  
temporary service line above the ground initially to restore service.   In 
April  1996, U.S. West returned to Space E-7 and provided its own trenching to  
install new buried service wire.
 17. U.S. West's records confirm that it provided trenching to repair,  
maintain, and replace buried service wire ("BSW") at each of the communities  
on the f ollowing occasions:
 Date  Petitioner  Description
  1/20/95 Skylark  U.S. West "CUT OVER TO NEW BSW RMVD GRD LAY."

  12/26/95 Skylark  U.S. West referred a repair to the Buried Service Wire 
department of U.S. West.  

  4/16/96 Skylark  U.S. West repaired BSW.
 18. U.S. West has a perpetual easement at Skylark Village which  provides U.S. 
West "with the right to place, construct, operate and  maintain, inspect, 
reconstruct, repair, replace and keep clear   underground communication lines 
with wires, cables, fixtures and  appurtenances attached thereto as [U.S. West] 
may from time to time  require, upon, across, over and/or under the [property]."
 19. A Demarcation Point is the point of interconnection between  U.S. West's 
regulated telecommunications facilities and terminal  equipment, protective 
apparatus or wiring at a premises.  The   Demarcation Point for each resident 
at Skylark Village is  the point  of entry into each resident's manufactured 
home.
C. Belmor Park.
 1. Petitioner Belmor Mobile Home Park  ("Belmor") is located at 2101 South 
324th Street, Federal Way, Washington, 98003.
 2. Belmor is a community of 400 manufactured housing lots.  Residents lease a 
legal unit of real property from Belmor that is individually identified by a 
lot number and description of the lot's physical dimensions.  Residents own 
their manufactured home that is placed on their leased lot.  Residents are 
responsible for all maintenance of their lot and manufactured home.  Residents 
request telephone and utility service directly from the service providers who 
provide and maintain service to the point of entry into the residents' 
manufactured home.
 3. U.S. West's predecessor in interest, Pacific Northwest Bell, installed 
buried service wire at Belmor in 1967.  The service wire was buried by U.S. 
West's predecessor without conduit.  Since 1967, U.S. West or its predecessor 
has accessed and maintained the buried service wire located at Belmor.
 4. In 1995 and 1996, U.S. West received numerous repair calls from residents 
of Belmor concerning their telephone service.  U.S. West has determined that 
the buried service wire located at Belmor needs to be replaced.  Belmor has 
made demand on U.S. West to replace the buried service wire.  However, U.S. 
West refuses to replace the buried service wire until Belmor provides trenching 
and conduit for U.S. West. 
 5. In refusing to repair the telephone cable at Belmor, U.S. West relies on 
the following provisions of U.S. West's Washington State Tariff for Exchange 
and Network Services ("Tariff"):
  (a) Section 4.6.A.2.f:
The property owner is responsible for the installation, maintenance and repair 
of the trench or conduit utilized for the company facilities to provide service 
within the owner's private party.

  (b) Section 2.5.2.C:
Any existing or new structures or work required to support telephone service on 
the customer's premises shall be provided at the expense of the customer. Such 
structure or work may include the placement or use of trenching, conduit, 
and/or poles to support telephone services provided on the customer's premises.
 6. Belmor had no control over how the buried service wire was installed.  If 
Belmor had initially installed the buried service wire, it could have installed 
conduit or taken other measures to protect the buried service wire from 
deterioration.  Because the Park had no control over how the buried service 
wire was installed, and was not allowed to participate in its maintenance over 
time, the need to replace the buried service wire is due to causes beyond 
Belmor's control.
 7. Unless the buried service wire is replaced, residents of Belmor will 
continue to experience problems with their telephone service.
 8. U.S. West never required Belmor to provide trenching or conduit to replace 
buried service wire from 1966 to 1995.
 9. During the summer of 1995, U.S. West provided its own trenching to access 
and replace the buried service wire for Space Nos. 150 through 165.  U.S. West 
also provided its own trenching to access and replace the buried service wire 
behind the row of homes from Space Nos. 183 through 254. 
 10. In October 1995, the resident of Space 71 lost phone service and called 
U.S. West for repair.  As a temporary remedy, U.S. West installed a new service 
line above ground and behind Space Nos. 71, 72, and 73 to regain service to 
Space 71.  Similarly, the resident of Space 227 lost phone service and U.S. 
West installed a new service line above ground and behind Space Nos. 227, 228, 
and 229.
 11. On January 9, 1997, the resident of Space 159 contacted U.S. West to 
request another service line for a modem to his computer. As a temporary 
remedy, U.S. West installed a temporary service line above ground from the back 
yard of Space 158 to Space 159.  On January 13-14, 1997, U.S. West provided 
trenching to install the new buried service wire for Space 159.
 12. U.S. West's records confirm that it provided trenching to repair, 
maintain, and replace buried service wire ("BSW") at each of the communities on 
the following occasions:
 Date  Petitioner  Description
  8/25/94 Belmor  U.S. West prepared drawings and installed 300 feet of 
trenching and conduit.

  9/8/95 Belmor  U.S. West "REPAIRED BSW."

  1/2/96 Belmor  U.S. West "REPAIRED BSW."

  2/8/96 Belmor  "DEF BSW."
  2/11/96Belmor  U.S. West "REPAIRED BSW INSTALLED SNI."

  7/8/96 Belmor  U.S. West "REPAIRED BSW."

  10/3/96Belmor  U.S. West "LOC & REPR DEF BSW." 

  12/13/96Belmor "BSW BAD/REPAIRED/CTTN67002." 

  12/14/96Belmor "BSW BAD/REPAIRED/CTTN67002." 

  12/28/96Belmor U.S. West "LOCATED AND REPAIRED OPEN IN BSW."

  1/14/97Belmor  U.S. West provided its own trenching to install a new service 
line for Space No. 159.

 13. U.S. West has a perpetual easement to serve Belmor which provides U.S. 
West "with the right to place, construct, operate and maintain, inspect, 
reconstruct, repair, replace and keep clear communication lines with wires, 
cables, fixtures and appurtenances attached thereto, as [U.S. West] may from 
time to time require, upon, across, over and/or under the [property]."  
 14. A Demarcation Point is the point of interconnection between U.S. West's 
regulated telecommunications facilities and terminal equipment, protective 
apparatus or wiring at a premises.  The Demarcation Point for each resident at 
Belmor is  the point of entry into each resident's manufactured homes.
 From the foregoing Findings of Fact, the Washington Utilities and 
Transportation Commission makes the following:
II.  CONCLUSIONS OF LAW
 1. The Washington Utilities and Transportation Commission has jurisdiction 
over the subject matter and the parties of this action.
  2. Pursuant to WAC 480-120-500(1), U.S. West is required to provide buried 
service wire and conduit that are designed, constructed, maintained, and 
operated to ensure reasonable continuity of service, uniformity in the quality 
of service furnished, and the safety of persons and property at Camelot Square, 
Skylark Village, and Belmor.
  3. Pursuant to WAC 480-120-525(2), U.S. West is required to adopt maintenance 
procedures and employee instructions aimed at achieving efficient operation of 
its system so as to permit the rendering of safe, adequate, and continuous 
service at all times at at Camelot Square, Skylark Village, and Belmor, 
including without limitation, keeping all facilities in safe and serviceable 
repair.
 4. As provided in Section 2.4.2.C of the Tariff, Petitioners are not 
responsible for the damage to the buried service wire that was installed at 
Petitioners' properties by U.S. West and maintained by U.S. West without the 
Petitioners' input or participation.
 5. Section 4.6.A.2.f of the Tariff does not apply to the replacement of U.S. 
West's existing buried service wire that was installed at Petitioners' 
properties by U.S. West and maintained by U.S. West without the Petitioners' 
input or participation.
 6. Section 2.5.2.C of the Tariff does apply to the replacement of U.S. West's 
existing buried service wire that was installed at Petitioners' properties by 
U.S. West and maintained by U.S. West without the Petitioners' input or 
participation.
 7. U.S. West has misapplied its tariff to require Petitioners to provide 
trenching and conduit for U.S. West's buried service wire, and has adopted an 
"unjust and unreasonable" practice in violation of RCW 80.36.140.
III.  ORDER
 Based upon the above findings and conclusions, IT IS ORDERED:
 1. U.S. West shall provide the trenching and all facilities including without 
limitation buried service wire and conduit to replace all buried service wire 
located at Camelot Square, Skylark Village, and Belmor, and shall restore 
Petitioners' property to the same condition it was in prior to replacement of 
the buried service wire by November 1, 1997.
 DATED this           day of      , 1997.



       
Marjorie R. Schaer, Administrative Law Judge
Presented by:

SHORT CRESSMAN & BURGESS P.L.L.C.

By:      
      Walter H. Olsen, Jr., WSBA #24462
      Attorneys for Petitioners


Copy Received and Notice of Presentation Waived:

PERKINS COIE



By:      
      Scherilyn Peterson, WSBA #11713
      Kirstin S. Dodge, WSBA #22039
      Attorneys for Respondent
      U.S. West Communications, Inc.


CHRISTINE O. GREGOIRE
Attorney General



By:      
      Shannon E. Smith, AAG
      Counsel for Staff