Z-0692.1                   _______________________________________________

                                                     SENATE BILL 5537

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State of Washington                              53rd Legislature                             1993 Regular Session

By Senators Sutherland, Hochstatter and A. Smith; by request of Utilities & Transportation Commission

Read first time 02/02/93.  Referred to Committee on Energy & Utilities.

Concerning alternate operator service companies.

          AN ACT Relating to alternate operator service companies; and amending RCW 80.36.522.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  RCW 80.36.522 and 1990 c 247 s 2 are each amended to read as follows:

(1) All alternate operator service companies providing services within the state shall register with the commission as a telecommunications company before providing alternate operator services.  The commission may deny an application for registration of an alternate operator services company if, after a hearing, it finds that the services ((and)) or charges to be offered by the company are not for the public convenience and advantage.

(2) The commission may suspend the registration of an alternate operator services company if, after a hearing, it finds that the company does not meet the service or disclosure requirements of the commission or that its charges are not for the public convenience and advantage.

(3) In a complaint filed by the commission alleging that an alternate operator services company's rates for alternate operator services are not for the public convenience and advantage, the burden shall be on the alternate operator services company to demonstrate that its rates are for the public convenience and advantage.

(4) Subsections (2) and (3) of this section do not apply to telecommunications companies providing operator services to the public under tariffs on file with the commission as of January 1, 1987.  Alternate operator service companies first filing rates with the commission after January 1, 1987, are exempt from the requirement of RCW 80.36.090 that they provide alternate operator services to the public.

          ((Any)) (5) An alternate operator services company that provides service without being properly registered with the commission shall be subject to a penalty of not less than five hundred dollars and not more than one thousand dollars for each and every offense.  In case of a continuing offense, every day's continuance shall be a separate offense.  The penalty shall be recovered in an action as provided in RCW 80.04.400.

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