BEFORE THE
WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION

Adopt a methodology for determination of just and reasonable rates for 
attachments to transmission facilities	Docket No. UT-970723
	
	Comments of the Washington Water Power Company
Washington Water Power (WWP) provides the following third set of comments on 
the proposed rule making by the Washington Utilities and Transportation 
Commission (the Commission) on “a methodology for determination of just and 
reasonable rates for attachments to transmission facilities.”
FCC METHODOLOGY
WWP supports the Commission’s adoption of the Federal Communications Commission 
(FCC) methodology as the most efficient means of preempting the FCC.  
Complaints will then be limited to the interpretation of the formulas and 
financial parameters instead of “reinventing the wheel.” Unless the Commission 
wishes to review all future changes ordered by the FCC, the adoption could 
refer to “the rate formulas as defined in the latest applicable FCC order.”
Since the FCC is still producing orders related to the Telecommunications Act 
of 1996, and there are rumors of court challenges, some of the interpretations 
may change. For instance, CS Docket 97-151, footnote 100,  refers to a “Pole 
Attachment Fee Notice” in which the FCC will address some of the existing 
presumptions.
The FCC has not defined rates for all situations.  However, the TV cable and 
telecommunications rates for transmission poles (accounts 354 and 355) and 
transmission ducts (account 356) can be inferred from the methodology for rates 
for distribution poles and ducts.  It would be helpful to reinforce this with a 
statement in the Commission’s order.
TRANSITION 
WWP supports the adoption of a “flash cut” as proposed by Commission Staff.  It 
has always seemed unfair that an increase must be prorated but a decrease is 
immediate.  However, the Commission may not have that latitude.  According to 
the FCC, the five-year transition is written in the Act.  
COST ALLOCATION
WWP continues to support an avoided cost methodology when calculating rates for 
ducts.  The telecommunications company has the choice of licensing space from 
the duct owner or constructing its own duct line.  The cost of construction can 
be established by bids from local contractors.  
NOTIFICATION
The FCC requires that cable operators must notify the pole owners when they 
offer telecommunications services. However, if the rate is higher for 
telecommunications attachments, there is no incentive for the cable company to 
report the change.  It would be useful if the Commission would expand on this 
requirement by allowing a penalty if such notice is not given or to allow all 
fiber optic cable installations to be classified as telecommunications 
attachments at the time of installation.

VIOLATIONS
The WUTC has the opportunity in this rule-making to clarify the responsibility 
for corrections of violations of clearances and loading. In Washington, the 
Department of Labor and Industries wrote the Washington Electrical Construction 
Code (296-44 WAC) in the past and, effective May 6, 1998, has adopted the 
National Electrical Safety Code (“NESC”) by reference. An existing violation of 
the applicable code should be prima facie evidence that those parties in 
violation are responsible for immediate correction of the problem at no expense 
to the owner of the pole or duct.  If the cable owner cannot or will not 
correct the problem within a reasonable time (e.g. 30 calendar days) then the 
pole owner should be empowered to make the correction and the cable owner 
should be required to pay the full cost of the correction including the allowed 
rate of return within 30 days of the billing.
Respectfully submitted this 24th day of  April, 1998.



	Timothy J. Rahman, P.E.
	Joint Use Administrator
	Washington Water Power