2237-S AMS EU S2824.1
SHB 2237 - S COMM AMD
By Committee on Energy & Utilities
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that the federal Telecommunications Act of 1996 is designed to remove regulatory barriers and encourage competition among telecommunications carriers. The federal act has important implications for the Washington state department of transportation.
NEW SECTION. Sec. 2. A new section is added to chapter 47.44 RCW to read as follows:
(1) The following definitions apply to this section:
(a) "Limited-access rights-of-way" includes "limited-access facilities" as defined in RCW 47.52.010, and the federal interstate system;
(b) "Right of occupancy" means the right to occupy limited-access rights-of-way by installing facilities and equipment necessary for the transmission of telecommunications, and the right to enter limited‑access rights-of-way for the purpose of installing and maintaining those facilities and equipment;
(c) "Telecommunications" means the transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received.
(2) The department may grant franchises to telecommunications providers on limited-access rights-of-way. In granting franchises under this section, the department shall follow the procedures specified in RCW 47.44.020. No franchise granted under this section may be granted for a longer period than twenty-five years, and no exclusive franchise or privilege may be granted.
(3) Nothing in this section affects existing or future franchise agreements with nontelecommunications utilities.
(4) Nothing in this section authorizes a nontelecommunications utility or other entity to obtain a grant of a right of occupancy for any purpose other than providing telecommunications.
(5) Nothing in this section limits or affects the department's ability to lease property under RCW 47.12.120.
Sec. 3. RCW 47.44.010 and 1980 c 28 s 1 are each amended to read as follows:
The
department of transportation may grant franchises to persons, associations,
private or municipal corporations, the United States government, or any agency
thereof, to use any state highway for the construction and maintenance of water
pipes, flume, gas, oil or coal pipes, ((telephone, telegraph)) facilities
as defined in RCW 80.04.010 for the provision of telecommunications service,
and electric light and power lines and conduits, trams or railways, and any
structures or facilities which are part of an urban public transportation
system owned or operated by a municipal corporation, agency, or
department of the state of Washington other than the department of
transportation, and any other such facilities. All applications for such
franchise shall be made in writing and subscribed by the applicant, and shall
describe the state highway or portion thereof over which franchise is desired
and the nature of the franchise. The department of transportation shall adopt
rules providing for a hearing or an opportunity for a hearing with reasonable
public notice thereof with respect to any franchise application involving the
construction and maintenance of utilities or other facilities within the
highway right of way which the department determines may (1) during
construction, significantly disrupt the flow of traffic or use of driveways or
other facilities within the right of way, or (2) during or following
construction, cause a significant and adverse effect upon the surrounding
environment.
Sec. 4. RCW 47.44.040 and 1984 c 7 s 236 are each amended to read as follows:
Whenever
any bridge exists on the route of any state highway and crosses any stream,
body of water, gulch, navigable water, swamp, or other topographical formation
constituting the boundary of this state or the boundary of a county, city, or
town of this state and the bridge is owned or operated by this state jointly
with any such county, city, or town, or with any municipal corporation of this
state, or with such other state or with any county, city, or town of such other
state, the department is empowered to join with the proper officials of the
county, city, or town, or the municipal corporation of this state or of such
other state or of such county, city, or town of such other state in granting
franchises to persons or private or municipal corporations for the construction
and maintenance on the bridge of water pipes, flumes, gas pipes, ((telephone,
telegraph)) facilities as defined in RCW 80.04.010 for the provision of
telecommunications service, and electric light and power lines and
conduits, trams and railways, and any structures or facilities that are part of
an urban public transportation system owned or operated by a municipal
corporation, agency, or department of the state of Washington other than the
department, or any other such facilities. All such franchises shall be granted
in the same manner as provided for the granting of like franchises on state
highways. Any revenue accruing to the state of Washington from the franchises
shall be paid to the state treasurer and deposited to the credit of the fund
from which this state's share of the cost of joint operation of the bridge is
paid.
Sec. 5. RCW 47.44.050 and 1984 c 7 s 237 are each amended to read as follows:
The
department is empowered to grant a permit to construct or maintain on, over,
across, or along any state highway any water, gas, ((telephone, telegraph))
facilities as defined in RCW 80.04.010 for the provision of
telecommunications service, light, power, or other such facilities when
they do not extend along the state highway for a distance greater than three
hundred feet. The department may require such information as it deems
necessary in the application for any such permit, and may grant or withhold the
permit within its discretion. Any permit granted may be canceled at any time,
and any facilities remaining upon the right of way of the state highway after
thirty days written notice of the cancellation ((is [are] an)) are
unlawful obstructions and may be removed in the manner provided by law.
Sec. 6. RCW 47.44.060 and 1989 c 224 s 1 are each amended to read as follows:
(1)
Any person, firm, or corporation who constructs or maintains on, over, across, or
along any state highway any water pipe, flume, gas pipe, ((telegraph,
telephone)) facilities as defined in RCW 80.04.010 for the provision of
telecommunications service, electric light, or power lines, or tram or
railway, or any other such facilities, without having first obtained and having
at all times in full force and effect a franchise or permit to do so in the
manner provided by law is guilty of a misdemeanor. Each day of violation is a
separate and distinct offense.
(2)
Any person, firm, ((or)) corporation, association, private or
municipal corporation, county, agency or department of the state of Washington,
other than the department of transportation, the United States government, or
any agency thereof, who constructs or maintains on, over, across, or along
any state highway any water pipe, flume, gas pipe, ((telegraph, telephone))
facilities as defined in RCW 80.04.010 for the provision of
telecommunications service, electric light or power lines, or tram or
railway, or any other such facilities, without having first obtained and having
at all times in full force and effect a franchise or permit to do so in the
manner provided by law is liable for a civil penalty of one hundred dollars per
calendar day beginning forty-five days from the date notice is given and until
application is made for a franchise or permit or until the facility is removed
as required by notice. The state shall give notice by certified mail that a
franchise or permit is required or the facility must be removed and shall include
in the notice sufficient information to identify the portion of right of way in
question. Notice is effective upon delivery.
(3)
If a person, firm ((or)), corporation, association, private or
municipal corporation, county, agency or department of the state of Washington,
other than the department of transportation, the United States government, or
any agency thereof, does not apply for a permit or franchise within
forty-five days of notice given in accordance with subsection (2) of this
section or the state determines that the facility constructed or maintained
without a permit or franchise would not be granted a permit or franchise, the
state may order the facility to be removed within such time period as the state
may specify. If the facility is not removed, the state, in addition to any
other remedy, may remove the facility at the expense of the owner.
NEW SECTION. Sec. 7. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."
SHB 2237 - S COMM AMD
By Committee on Energy & Utilities
On page 1, line 2 of the title, after "rights-of-way;" strike the remainder of the title and insert "amending RCW 47.44.010, 47.44.040, 47.44.050, and 47.44.060; adding a new section to chapter 47.44 RCW; creating a new section; and declaring an emergency."
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