AN ACT Relating to attachments
to transmission facilities; adding a new section to chapter 23.86 RCW; adding a
new section to chapter 24.06 RCW; adding a new section to chapter 35.21 RCW;
adding a new section to chapter 35A.21 RCW; and adding a new section to chapter
54.04 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
NEW SECTION. Sec.
1. A new section is added
to chapter 23.86 RCW to read as follows:
(1) As used in this
section:
(a)
"Attachment" means the affixation or installation of any wire, cable
or other physical material capable of carrying electronic impulses or light
waves 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 owned or controlled in whole or in part by
one or more locally regulated utilities where the installation has been made
with the necessary consent.
(b) "Locally
regulated utility" means an electric service cooperative organized under
this chapter and not subject to rate or service regulation by the utilities and
transportation commission.
(c)
"Non-discriminatory" means that pole owners may not arbitrarily
differentiate among or between similar classes of persons approved for
attachments.
(2) All rates, terms,
and conditions made, demanded or received by a locally regulated utility for
attachments to its poles must be just, reasonable, non-discriminatory and
sufficient. A locally regulated utility shall levy attachment space rental
rates that are uniform for the same class of service within the locally
regulated utility service area.
(3) Nothing in this
section shall be construed or is intended to confer upon the utilities and transportation
commission any authority to exercise jurisdiction over locally regulated
utilities.
NEW SECTION. Sec.
2. A new section is added
to chapter 24.06 RCW to read as follows:
(1) As used in this
section:
(a) "Attachment"
means the affixation or installation of any wire, cable or other physical
material capable of carrying electronic impulses or light waves 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 owned or controlled in whole or in part by one or more locally
regulated utilities where the installation has been made with the necessary
consent.
(b) "Locally
regulated utility" means an mutual corporation organized under this
chapter for the purpose of providing utility service and not subject to rate or
service regulation by the utilities and transportation commission.
(c)
"Non-discriminatory" means that pole owners may not arbitrarily
differentiate among or between similar classes of persons approved for
attachments.
(2) All rates, terms,
and conditions made, demanded or received by a locally regulated utility for
attachments to its poles must be just, reasonable, non-discriminatory and
sufficient. A locally regulated utility shall levy attachment space rental
rates that are uniform for the same class of service within the locally
regulated utility service area.
(3) Nothing in this
section shall be construed or is intended to confer upon the utilities and
transportation commission any authority to exercise jurisdiction over locally
regulated utilities.
NEW SECTION. Sec.
3. A new section is added
to chapter 35.21 RCW to read as follows:
(1) As used in this
section:
(a)
"Attachment" means the affixation or installation of any wire, cable
or other physical material capable of carrying electronic impulses or light
waves 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 owned or controlled in whole or in part by
one or more locally regulated utilities where the installation has been made
with the necessary consent.
(b) "Locally regulated
utility" means a city owning and operating an electric utility not subject
to rate or service regulation by the utilities and transportation commission.
(c)
"Non-discriminatory" means that pole owners may not arbitrarily
differentiate among or between similar classes of persons approved for
attachments.
(2) All rates, terms,
and conditions made, demanded or received by a locally regulated utility for
attachments to its poles must be just, reasonable, non-discriminatory and
sufficient. A locally regulated utility shall levy attachment space rental
rates that are uniform for the same class of service within the locally
regulated utility service area.
(3) Nothing in this
section shall be construed or is intended to confer upon the utilities and
transportation commission any authority to exercise jurisdiction over locally
regulated utilities.
NEW SECTION. Sec.
4. A new section is added
to chapter 35A.21 RCW to read as follows:
(1) As used in this
section:
(a)
"Attachment" means the affixation or installation of any wire, cable
or other physical material capable of carrying electronic impulses or light
waves 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 owned or controlled in whole or in part by
one or more locally regulated utilities where the installation has been made
with the necessary consent.
(b) "Locally
regulated utility" means a code city owning and operating an electric
utility not subject to rate or service regulation by the utilities and
transportation commission.
(c) "Non-discriminatory"
means that pole owners may not arbitrarily differentiate among or between
similar classes of persons approved for attachments.
(2) All rates, terms,
and conditions made, demanded or received by a locally regulated utility for
attachments to its poles must be just, reasonable, non-discriminatory and
sufficient. A locally regulated utility shall levy attachment space rental
rates that are uniform for the same class of service within the locally
regulated utility service area.
(3) Nothing in this section
shall be construed or is intended to confer upon the utilities and
transportation commission any authority to exercise jurisdiction over locally
regulated utilities.
NEW SECTION. Sec.
5. A new section is added
to chapter 54.04 RCW to read as follows:
(1) As used in this
section:
(a)
"Attachment" means the affixation or installation of any wire, cable
or other physical material capable of carrying electronic impulses or light
waves 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 owned or controlled in whole or in part by
one or more locally regulated utilities where the installation has been made
with the necessary consent.
(b) "Locally
regulated utility" means a public utility district not subject to rate or
service regulation by the utilities and transportation commission.
(c)
"Non-discriminatory" means that pole owners may not arbitrarily
differentiate among or between similar classes of persons approved for
attachments.
(2) All rates, terms,
and conditions made, demanded or received by a locally regulated utility for
attachments to its poles must be just, reasonable, non-discriminatory and
sufficient. A locally regulated utility shall levy attachment space rental
rates that are uniform for the same class of service within the locally
regulated utility service area.
(3) Nothing in this
section shall be construed or is intended to confer upon the utilities and
transportation commission any authority to exercise jurisdiction over locally
regulated utilities.
