BP BHEAD INT H

AN ACT Relating to attachments to electric and telecommunications distribution facilities; amending RCW 80.54.010 and 80.54.070; adding a new section to chapter 80.54 RCW; and adding a new chapter to Title 54 RCW.

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

NEW SECTION. Sec. 1. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) Except as otherwise provided in this subsection (1), "attachment" means any wire or cable for the carrying of intelligence by telecommunications or television, including cable television, light waves, or other phenomena, or for the distribution of electricity for light, heat, or power, and any related device, apparatus, or auxiliary equipment, installed upon any pole or in any telecommunications, electrical, cable television, or communications right of way, duct, conduit, manhole or handhole, or other similar facilities owned or controlled, in whole or in part, by one or more utilities not regulated by the utilities and transportation commission, if the installation has been made with the consent of one or more of the utilities.

"Attachment" does not mean any wire or cable for the distribution of electricity for light, heat, or power, or any related device, apparatus, or auxiliary equipment, installed upon any pole or in any electrical right of way, duct, conduit, manhole or handhole, or other similar facilities owned or controlled, in whole or in part, by one or more electric utility, as utility is defined in this section or in chapter 80.54 RCW, which shall be governed by ordinary laws of contracting rather than this chapter.

(2) "Utility" means any electrical company or telecommunications company cooperatively organized, or owned by federal, state, or local government, or a subdivision of state or local government, that is not regulated by the utilities and transportation commission.

NEW SECTION. Sec. 2. (1) All rates, terms, and conditions made, demanded, or received by a utility for attachments to its facilities must be just, fair, reasonable, and sufficient.

(2) A just and reasonable rate must assure the utility the recovery of not less than all the additional costs of procuring and maintaining attachments, nor more than the actual capital and operating expenses, including just compensation, of the utility attributable to that portion of the pole, duct, or conduit used for the attachment, including a share of the required support and clearance space, in proportion to the space used for the attachment, as compared to all other uses made of the subject facilities, and uses that remain available to the owner or owners of the subject facilities.

(3) A utility shall levy attachment rates that are uniform for the same class of service provider within the utility service area.

NEW SECTION. Sec. 3. Except as otherwise provided in this section, a utility shall provide entities seeking to attach to the utility's facilities with access to those facilities. A utility shall provide such access on a nondiscriminatory basis.

A utility may deny access to its facilities if, in the determination of the utility, there is insufficient capacity or there are structural or other safety reasons for the denial. The utility's determination must be reasonable, and a denial for structural or safety reasons must be based on standard engineering practices and applicable safety codes and standards. The utility denying access shall document the basis of the determination in writing, and make the documentation available for inspection by the entity denied access.

Sec. 4. RCW 80.54.010 and 1985 c 450 s 40 are each amended to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) Except as otherwise provided in this subsection (1), "attachment" means any wire or cable for the ((~~transmission~~)) carrying of intelligence by telecommunications or television, including cable television, light waves, or other phenomena, or for the ((~~transmission~~)) distribution of electricity for light, heat, or power, and any related device, apparatus, or auxiliary equipment, installed upon any pole or in any telecommunications, electrical, cable television, or communications right of way, duct, conduit, manhole or handhole, or other similar facilities owned or controlled, in whole or in part, by one or more utilities, where the installation has been made with the consent of the one or more utilities.

"Attachment" does not mean any wire or cable for the distribution of electricity for light, heat, or power, or any related device, apparatus, or auxiliary equipment, installed upon any pole or in any electrical right of way, duct, conduit, manhole or handhole, or other similar facilities owned or controlled, in whole or in part, by one or more electric utility, as utility is defined in this section or in section 1 of this act, which shall be governed by ordinary laws of contracting rather than this chapter.

(2) "Licensee" means any person, firm, corporation, partnership, company, association, joint stock association, or cooperatively organized association, other than a utility, which is authorized to construct attachments upon, along, under, or across the public ways.

(3) "Utility" means any electrical company or telecommunications company as defined in RCW 80.04.010, and does not include any entity cooperatively organized, or owned by federal, state, or local government, or a subdivision of state or local government.

NEW SECTION. Sec. 5. A new section is added to chapter 80.54 RCW to read as follows:

Except as otherwise provided in this section, a utility shall provide entities seeking to attach to the utility's facilities with access to those facilities. A utility shall provide such access on a nondiscriminatory basis.

A utility may deny access to its facilities if, in the determination of the utility, there is insufficient capacity or there are structural or other safety reasons for the denial. The utility's determination must be reasonable, and a denial for structural or safety reasons must be based on standard engineering practices and applicable safety codes and standards. The utility denying access shall document the basis of the determination in writing and make the documentation available for inspection by the entity denied access.

Sec. 6. RCW 80.54.070 and 1979 c 33 s 7 are each amended to read as follows:

Notwithstanding any other provision of law, a utility ((~~as defined in RCW 80.54.010(3) and any utility not regulated by the utilities and transportation commission~~)) shall levy attachment rates ((~~which~~)) that are uniform for all licensees within the same class within the utility service area.

NEW SECTION. Sec. 7. Sections 1 through 3 of this act shall constitute a new chapter in Title 54 RCW.