This discussion is Beehive CEO's - monthly column as found on the last page of Americas Network magazine. They have been printing his letters for nearly 20 years. This column will remain posted till he writes the next one.

The Last Word..                                                December 1999

It took me ten years to learn that Public Utility Regulation sits on a three legged stool of common sense, legislative mandate, and due process.

 

Included in common sense are educational messages in publications that might be read by individual judges who issue Orders. Major media are magazines, newspapers and trade journals. When media people are approached with a story that someone thinks should be published it is called "pitching" a story. Major publications are pitched so often they develop a somewhat callous attitude about being "pitched". The personal approach is very effective when Commissioners attend industry meetings and listen to complaints and opinions offered in this public forum. Good commissioners make such appearances an essential tool to enable them to keep in touch with those they regulate. A -one -on -one approach is often called "back door" and is useful if all involved understand the rules of such a game. Most do not; so only those with a very high degree of trust (keep mouth shut) may utilize such persuasion or "education". Included in this category is that direction (order) suggested by top officials to the lesser washed. Example, a Governor’s staff guy (not in Utah) may suggest (order) a Commissioner to just "do it" as say, to deny a petition or application where the back -door was used to get something done because of an interest by a (powerful $$) political party friend. Legislative mandate is of course law formulated by elected bodies. Mostly, this includes State legislators but could be city or county elected folks too. Many State telcom associations charge their hired hands with being an active lobbyist to their State law makers. Years on the job (who they know and who knows them) are the top item on such folks resume. Due Process is what lawyers do. It is what ALJ's and Commissioners are doing when they listen to those appearing in the hearing (court) room. Generally, you don't need to be a lawyer to participate. However, it helps if you know how such procedures work. Most States have their rules available in books. Like most things, on the job training is useful. And, of course due process is also the taking of PSC Orders on appeal to a real court. Deep pocket players use this to delay implantation of things they don't like. And some do so who feel very strongly they were done wrong by the appealed Order. Often such cases assume a life of their own while the original players get on with life.

KOLOB - A few days ago, Chuck stopped at the airdrome and cranked up the Cessna to warm the oil. He then inserted the oil dip stick heater and went home. Next morning before sunrise and slightly below freezing, the engine started like it was a summer day. Even so, we sat for our obligatory 10 minutes to let the big block Continental get warm before the glass smooth 1:12 to Cedar City. One hour over dirt to meet Russ at Kolob. He had a dozen poles hauled in the day prior. Chuck marked the ground where ten holes were to be dug. Neils Fugal and Sons are the contractors hurrying to finish the laying of cable before snow comes to the 8,000 foot Kolob area. One of their back hoes dug holes and assisted us to set five of them about four feet apart in an east -west alignment. A chain saw lopped off six feet on five more poles. They got placed four feet south of the taller poles. We then used a loader with a back-hoe to slide a modular military shop unit off it's monster hell for stout trailer. This was exciting. It looked like a keystone cop deal. For a moment I thought the entire 20 foot building was gonna fall on it's side. Once on the ground a single railroad tie leveled the structure exactly right. Years ago, I witnessed ball lightning walk across the kitchen floor inside well grounded home at Kolob. It was an impressive demonstration by Mother nature of lightning. So three of the aft solar panel support poles will have ground rods sticking up five feet above the wood from the ground array. Next week, sixteen 70 watt solar panels will get mounted on the support poles we lined up -using a hand held GPS in lieu of a compass. Oh yea, Kolob doesn't have commercial electric power. A 1:10 smooth flight home by 18:00. A solid day's work. Sure hope I can get the 1,000 a/h battery delivered and inside the building before it snows!



When Art Brothers isn't impeding traffic flow in the desert, he operates Beehive Telephone Co. (Wendover, Utah)

Copyright 1999 by A. W. Brothers and Americas Network magazine. All rights reserved.

© 1997, 1998, 1999 Beehive Telephone Co.