Gerit F. Hull

Counsel

PacifiCorp

825 NE Multnomah, Suite 1700

Portland, OR 97232

Telephone: (503) 813-6559

Gary G. Sackett

Jones Waldo Holbrook & McDonough, pc

170 S. Main Street, Suite 1500

Salt Lake City, Utah 84101

Telephone: (801) 534-7336

Raymond A. Kowalski

Troutman Sanders llp

401 9^th Street, N.W., Suite 1000

Washington, D.C. 20004

Telephone: (202) 274-2909

Attorneys for PacifiCorp, dba Utah Power

Submitted: February 24, 2005

BEFORE THE PUBLIC SERVICE COMMISSION OF UTAH

            PacifiCorp, dba Utah Power, respectfully submits the following brief supplemental comments in the captioned rule-making proceeding. Having considered the various comments submitted by other participants in this matter, PacifiCorp believes that many of the concerns raised about the definition of “attaching entity” and “pole attachment” in Rule R746-345-2 can be addressed by making the following minor changes to the definitions. These modifications will make it clear that legitimate pole attachments must be for transmission and distribution of electric power or for the provision of wireless, cable or telecommunications service.

            PacifiCorp also suggests eliminating references to “other attach attaching entities” in R746-345-1 by referring only to the term “Attaching entity,” as that term is defined in R-746-345-2.A.

            The following shows the suggested changes, with redline markings relative to the version of the rule set forth by the Commission on January 24, 2005:

R746-345-1. Authorization.

            A. Authorization of Rules -- Consistent with the Pole Attachment Act, 47 U.S.C. 224(c), and Utah Code Annotated 54-3-1, 54-4-1, 54-4-4 and 54-4-13, the Public Service Commission shall have the power to regulate the rates, terms, and conditions by which a public utility, as defined in Utah Code Annotated 54-2-1(15)(a) including telephone corporations as defined in 54-2-23(a), can permit attachments to its poles by [any other public utility, wireless provider, cable television company, or other]an attaching entity.

            B. Application of Rules -- These rules shall apply to each public utility that permits attachments to its poles by [any other public utility, wireless provider, cable television company or other]an attaching entity.

            1. Although specifically excluded from regulation by the Commission in Utah Code Annotated 54-2-1(23)(b), solely for the purpose of any pole attachment, these rules apply to any wireless provider.

            2. Pursuant to these rules, a public utility must allow [any]an attaching entity nondiscriminatory access to utility poles at rates, terms and conditions that are just and reasonable.

            C. Application of Rate Methodology -- The rate methodology described in Section R746-345-5 shall be used to determine rates that a public utility may charge [any other public utility, wireless provider, cable television company, or other]an attaching entity to attach to its poles for compensation.

R746-345-2. General Definitions.

            A. “Attaching Entity” -- A public utility, [wireless provider, ]cable television company[ or other entity that, for the purposes of providing cable television service or telecommunications service], telecommunications company, or company providing other wireline or wireless communications services to the public, [attaches to]that places a pole attachment on a pole owned or controlled by a public utility.

            B. “Distribution Pole” -- A utility pole, excluding towers, used by a pole owner to support mainly overhead distribution wires or cables.

            C. “Pole Attachment” -- All of an attaching entity’s equipment[,] and the devices used to attach such equipment[, of an attaching entity] that are attached within that attaching entity’s allocated attachment space on a pole and used for transmitting or distributing electric power or providing cable television or telecommunications service or other wireline or wireless communications services to the public. A new or existing service wire drop pole attachment that is attached to the same pole as an existing attachment of the attaching entity is considered a component of the existing attachment for purposes of this rule. Additional equipment that meets all applicable code and contractual requirements that is placed within an attaching entity’s existing attachment space is not an additional attachment.

            Submitted this 24th day of February 2005.

                                                                        PacifiCorp

                                                                        _________________________________

                                                                        Gary G. Sackett

                                                                        Jones Waldo Holbrook & McDonough

                                                                        Gerit F. Hull

                                                                        PacifiCorp

                                                                        Raymond A. Kowalski

                                                                        Troutman Sanders

                                                       Certificate of Service

I certify that I have served a copy of the foregoing Supplemental Comments of PacifiCorp by first-class mail or by e-mail attachment the following participants in the captioned proceeding, on February __, 2005.

Michael L. Ginsberg

Patricia E. Schmid

Assistant Attorneys General

Office of the Attorney General of Utah

160 E 300 S, 5^th Floor

P.O. Box 140857

Salt Lake City, Utah 84114-0857

Counsel for the Division of Public Utilities

Bradley R. Cahoon

Snell & Wilmer LLP

15 West South Temple, Suite 1200

Gateway Tower West

Salt Lake City, Utah

Counsel for Voicestream PCS II

     Corporation, dba T-Mobile

Robert C. Brown

Qwest Service Corporation

1801 California Street, 49^th Floor

Denver, CO 80202

Counsel for Qwest Corporation

Stephen F. Meecham

Callister Nebeker & McCullough

Gateway Tower East Suite 900

10 E. South Temple

Salt Lake City, Utah 84133

Counsel for the Utah Rural

     Telecom Association

Charles Best

Electric Lightwave, LLC

4 Triad Center Ste 200

Salt Lake City, Utah 84180-1413

Counsel for Electric Lightwave, LLC

Mr. Michael Peterson

Executive Director

Utah Rural Electric Association

10714 South Jordan Gateway

South Jordan, Utah 84095

Representing Utah Rural

     Electric Association

Jerold G. Oldroyd

Ballard Spahr Andrews & Ingersoll

One Utah Center, Suite 600

201 South Main Street

Salt Lake City, Utah 84111-2221

Meredith R. Harris

AT&T Corp.

One AT&T Way

Bedminster, NJ 07921

J. Davidson Thomas

Genevieve D. Sapir

Cole, Raywid & Braverman, LLP

1919 Pennsylvania Ave., N.W., 2^nd Floor

Washington, D.C. 20006

Counsel for AT&T Corp.

Counsel for Comcast Cable

     Communications, LLC

Gregory J. Kopta

Davis Wright Tremaine LLP

2600 Century Square

1501 Fourth Avenue

Seattle, WA 98101-1688

Counsel for XO Utah, Inc.