S-5082.1  _______________________________________________

                    SUBSTITUTE SENATE BILL 6554

          _______________________________________________

State of Washington      54th Legislature     1996 Regular Session

By Senate Committee on Energy, Telecommunications & Utilities (originally sponsored by Senator Sutherland)

Read first time 02/02/96.

Providing for attachments to transmission facilities.

    AN ACT Relating to attachments to transmission facilities; 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) "Attachment" means the affixation or installation of any wire, cable, or other physical material capable of carrying electronic impulses for the carrying of intelligence for telecommunications or television, including, but not limited to cable, and any related device, apparatus, or auxiliary equipment upon any pole or in any telecommunications, electrical, cable television, or communications right of way duct, conduit, or other similar facilities owned or controlled in whole or in part by one or more locally regulated utilities when the installation has been made with the consent of one or more such utilities.

    (2) "Locally regulated utility" means any utility not regulated by the utilities and transportation commission.

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

    (2) A just and reasonable rate must assure the locally regulated utility the recovery of not less than the make-ready costs, which consist of all the additional costs of procuring and maintaining attachments, and the allowable space rental cost, which shall not exceed the actual capital and operating expenses and right of way costs of the locally regulated utility attributable to that portion of the pole, duct, or conduit 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, and including a share of the required support and clearance space.

    (3) A locally regulated utility shall levy attachment space rental rates that are uniform for the same class of service provided within the service area of the locally regulated utility.

NEW SECTION. Sec. 3.  Any party seeking attachment as defined by section 1 of this act shall be liable for any damages incurred by the owner of a pole, conduit, duct, vault, or other similar facilities, and for any damages to other facilities which are co-located on such pole, conduit, duct, vault, or other similar facilities as a result of the installation or maintenance of attachments.  A locally regulated utility may reserve space for system reliability purposes.

NEW SECTION. Sec. 4.  A new section is added to chapter 80.54 RCW to read as follows:

    The commission shall not regulate activities covered under chapter 54.-- RCW (sections 1 through 3 of this act).

NEW SECTION. Sec. 5.  Sections 1 through 3 of this act shall constitute a new chapter in Title 54 RCW.

                            --- END ---