S-3585

AN ACT Relating to the regulatory oversight of private branch exchanges for the public health and safety; amending RCW 80.36.370; adding new sections to chapter 80.36 RCW; adding new sections to chapter 38.52 RCW; creating a new section; and prescribing penalties.

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

NEW SECTION. Sec. 1. The legislature finds that citizens of the state have begun to rely on enhanced 911, a system that allows the person answering an emergency call to immediately determine the location of the emergency without the need of the caller to speak. The legislature further finds that in some cases, calls made from telephones attached to private branch exchange equipment cannot be precisely located by the answerer, eliminating some of the benefit of enhanced 911, and that this condition could additionally imperil citizens calling from these locations in an emergency.

NEW SECTION. Sec. 2. (1) As of the effective date of this section, a person may not install or cause to be installed private branch exchange equipment to be connected with the facilities of any telecommunications company registered with the utilities and transportation commission unless the private branch exchange equipment is capable of forwarding automatic number identification information and automatic location information to an emergency response answering location.

(2) A person who knowingly installs or causes to be installed private branch exchange equipment without such forwarding capability is guilty of a gross misdemeanor.

NEW SECTION. Sec. 3. (1) The department has primary authority to regulate and enforce section 2 of this act as it relates to the public health and safety implications of private branch exchange equipment interconnections with local exchange telephone companies.

(2) By December 1, 1992, the department shall adopt rules on enforcing section 2 of this act. The rules must include a fee schedule to be levied against the owner of private branch exchange equipment and be designed to pay for the costs of enforcing section 2 of this act.

NEW SECTION. Sec. 4. By December 1, 1993, the department, in consultation with the utilities and transportation commission, shall adopt rules that provide for warning information to users of telephones directly serviced by private branch exchange equipment that do not provide an emergency response answering location with the automatic number and location information needed for enhanced 911 service.

NEW SECTION. Sec. 5. In consultation with the utilities and transportation commission, the state enhanced 911 coordinator is directed to develop a plan providing for the phase out, by December 31, 1998, of the use of all private branch exchange equipment that have no capability of forwarding automatic number identification information and automatic location information to an emergency response answering location.

NEW SECTION. Sec. 6. By December 1, 1992, the commission shall develop a list of known private branch exchange equipment used within the state and connected to facilities of local exchange companies. The commission may require local exchange companies to provide relevant information that aids the commission in developing such a list.

Sec. 7. RCW 80.36.370 and 1990 c 118 s 1 are each amended to read as follows:

The commission shall not regulate the following:

(1) One way broadcast or cable television transmission of television or radio signals;

(2) Private telecommunications systems;

(3) Telegraph services;

(4) Any sale, lease, or use of customer premises equipment except such equipment as is regulated on July 28, 1985, unless the commission finds, upon notice and investigation, that out of public safety, convenience, or necessity, such equipment should be regulated as to its capability of providing linkage with enhanced emergency communications service;

(5) Private shared telecommunications services, unless the commission finds, upon notice and investigation, that customers of such services have no alternative access to local exchange telecommunications companies. If the commission makes such a finding, it may require the private shared telecommunications services provider to make alternative facilities or conduit space available on reasonable terms and conditions at reasonable prices;

(6) Radio communications services provided by a regulated telecommunications company, except that when those services are the only voice grade, local exchange telecommunications service available to a customer of the company the commission may regulate the radio communication service of that company.

NEW SECTION. Sec. 8. (1) Sections 2 and 6 of this act are each added to chapter 80.36 RCW.

(2) Sections 3 through 5 of this act are each added to chapter 38.52 RCW.