S-288                 _______________________________________________

                                                   SENATE BILL NO. 5077

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Senators Saling, Stratton and Benitz

Read first time 1/14/87 and referred to Committee on Energy & Utilities.

AN ACT Relating to measured telecommunications service; reenacting and amending RCW 80.04.130; providing an effective date; and declaring an emergency.

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

        Sec. 1.  Section 80.04.130, chapter 14, Laws of 1961 as last amended by section 2, chapter 161, Laws of 1985 and by section 1, chapter 206, Laws of 1985 and by section 12, chapter 450, Laws of 1985 and RCW 80.04.130 are each reenacted and amended to read as follows:

          (1) Except as provided in subsection (3) of this section, whenever any public service company shall file with the commission any schedule, classification, rule or regulation, the effect of which is to change any rate, charge, rental or toll theretofore charged, the commission shall have power, either upon its own motion or upon complaint, upon notice, to enter upon a hearing concerning such proposed change and the reasonableness and justness thereof, and pending such hearing and the decision thereon the commission may suspend the operation of such rate, charge, rental or toll for a period not exceeding ten months from the time the same would otherwise go into effect, and after a full hearing the commission may make such order in reference thereto as would be provided in a hearing initiated after the same had become effective.

          The commission may suspend the initial tariff filing of any water company removed from and later subject to commission jurisdiction because of the number of customers or the average annual gross revenue per customer provisions of RCW 80.04.010.  The commission may allow temporary rates during the suspension period.  These rates shall not exceed the rates charged when the company was last regulated.  Upon a showing of good cause by the company, the commission may establish a different level of temporary rates.

          (2) At any hearing involving any change in any schedule, classification, rule or regulation the effect of which is to increase any rate, charge, rental or toll theretofore charged, the burden of proof to show that such increase is just and reasonable shall be upon the public service company.

          (3)  The implementation of mandatory local exchange measured ((telephone)) telecommunications service is a major policy change in available ((telephone)) telecommunications service.  Except as otherwise provided in this subsection, the commission shall not at any time accept for filing or approve any tariff filed by a telecommunications company for mandatory local exchange measured service with respect to any or all of such telecommunications company's residential class of customers and shall not accept for filing or approve, prior to June 1, ((1987, a)) 1990, any tariff filed by a ((telephone)) telecommunications company ((which imposes)) for mandatory local exchange measured service ((on any customer or class of customers)) with respect to any or all of such telecommunications company's business class of customers.  Upon finding that it is in the public interest, the commission may accept for filing and approve a tariff that imposes mandatory measured service with respect to a telecommunications company's provision of extended area service or foreign exchange service.  This subsection does not apply to land, air, or marine mobile service, or to pay telephone service, or to any service which has been traditionally offered on a measured service basis.

NEW SECTION. Sec. 2.     This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect June 1, 1987.