WASHINGTON INDEP. TELEPHONE ASS'N v. WUTC

No. 25954-1-II.

39 P.3d 342 (2002)

110 Wash.App. 147

WASHINGTON INDEPENDENT TELEPHONE ASSOCIATION, a Washington nonprofit corporation, Asotin Telephone Company, a Washington corporation; Centurytel of Washington, a Washington corporation; Centurytel of Inter-Island, a Washington corporation; Centurytel of Cowiche, a Washington corporation; Ellensburg Telephone Company, a Washington corporation; GTE Northwest Incorporated, a Washington corporation; Hat Island Telephone Company, a Washington corporation; Hood Canal Telephone Co., Inc., a Washington corporation; Inland Telephone Company, a Washington corporation, Kalama Telephone Company, a Washington corporation; Lewis River Telephone Company, a Washington corporation; Mashell Telecom, Inc., a Washington corporation; McDaniel Telephone Company, a Washington corporation; Pend Oreille Telephone Company, a Washington corporation; Pioneer Telephone Company, a Washington corporation; Rainier Cable, Inc., a Washington corporation; St. John Co-Operative Telephone and Telegraph Company, a Washington corporation; Tenino Telephone Company, a Washington corporation; The Toledo Telephone Co., Inc., a Washington corporation; US West Communications, Inc., a Colorado corporation; Western Wahkiakum County Telephone Company, a Washington corporation; Whidbey Telephone Company, a Washington corporation; and YELM Telephone Company, a Washington corporation, Appellants, v. WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION, Respondent.

Court of Appeals of Washington, Division 2.

As Amended February 15, 2002.

As Clarified March 8, 2002.


Attorney(s) appearing for the Case

Timothy J. O'Connell, Kendall Joy Fisher, Stoel Rives LLP, Seattle, for Appellants.

Mary Maureen Tennyson, Sr. Assistant Atty. General, Aty. Gen. Ofc-Util & Transp., for Respondent.


QUINN-BRINTNALL, J.

This case involves the challenge of Verizon Northwest, Inc. (formerly known as GTE Northwest Incorporated) to the enactment of a Washington Utilities and Transportation Commission (WUTC) rule limiting access fees. The rule requires the access fees one phone company charges another for the use of its local network to be set at the actual cost of the service (not to exceed the lowest rate charged for comparable...

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