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GENERAL TELEPHONE CO. v. CITY OF BOTHELL

No. 51433-0.

105 Wn.2d 579 (1986)

716 P.2d 879

GENERAL TELEPHONE COMPANY OF THE NORTHWEST, INC., Petitioner, v. THE CITY OF BOTHELL, ET AL, Respondents. THE CITY OF REDMOND, Respondent, v. GENERAL TELEPHONE COMPANY OF THE NORTHWEST, INC., Petitioner. GENERAL TELEPHONE COMPANY OF THE NORTHWEST, INC., Petitioner, v. THE CITY OF REDMOND, ET AL, Respondents.

The Supreme Court of Washington, En Banc.

April 3, 1986.

Attorney(s) appearing for the Case

Robert P. Tjossem and David J. Smith (of Livengood, Silvernale, Carter & Tjossem), for petitioner.

Ogden, Ogden & Murphy, by Wayne D. Tanaka, for respondents.

William S. Weaver, John Daniel Ballbach, and Frederic A. Morris on behalf of Puget Sound Power and Light Co. and James F. Fell on behalf of Pacific Power and Light Co., amici curiae for petitioner.

Alan J. Gardner on behalf of Pacific Northwest Bell; Kenneth O. Eikenberry, Attorney General, and Larry V. Rogers, Assistant, amici curiae.

ANDERSEN, J.

FACTS OF CASE

At issue in this case is whether a public utility's tariff preempts contradictory provisions of subsequently enacted city ordinances.

On May 5, 1971, the Washington Utilities and Transportation Commission (WUTC) adopted WAC 480-120-076, which provides that "[e]ach telephone utility shall set forth in its tariff its conditions for providing underground facilities." In 1972, General filed a tariff requiring a customer requesting...

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