6515-S AAS 2/16/98 S4955.1
SSB 6515 - S AMD - 713
By Senators Strannigan, Hargrove and Finkbeiner
ADOPTED 2/16/98
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that technological developments have made telecommunications evermore important to the health, safety, and welfare of the people of this state and to the efficient and cost-effective conduct of the state's economy. The pace of technological change is expected to continue and increase in the future. Massive investment by private industry in telecommunications infrastructure will be required to make the benefits of technological development available to the people of the state. This is particularly true if the modern infrastructure is to reach all parts of the state, rural as well as urban.
The legislature also finds it necessary to clarify and integrate policies on use of public rights of way in order to recognize and foster the changes that are occurring in telecommunications.
The legislature declares that government policies for the use of public rights of way should encourage investment in and development of the infrastructure needed for leading‑edge applications in telecommunications. These policies will also serve as an important means of economic development, allowing the state to remain competitive in national and international markets and to attract jobs to and develop robust economies in its rural and underdeveloped areas.
The legislature further declares that growth in economic activity resulting from modernized right of way policies will create new jobs and business opportunities as well as bring better service and lower prices to consumers. State and local government will benefit by the availability of improved services and the creation of a larger and more stable revenue base.
The legislature declares that rights of way are dedicated, purchased, or held by the government for the use of the public in transportation, the delivery of utility services, and commerce; that government has the steward responsibility to protect these rights of way for these public purposes; and that the use of these rights of way by telecommunications facilities is essential for the protection and advancement of the public's health, safety, and welfare and therefore is in the public's interest.
The legislature intends that governments rely on construction and development regulations that apply generally and uniformly to construction both inside and outside the public right of way to the extent possible in connection with use of the public right of way for telecommunication facilities. It is the intent of the legislature that franchises be used only to coordinate and integrate construction and development regulations, permits, and the requirements of such other laws as specifically apply to the management of the physical assets located in the rights of way and that franchises not be used to impose duplicative requirements on authorized users of the rights of way.
It is the intent of the legislature to promote policies that recognize the introduction of competition in telecommunications, and that will result in new entrants into this industry, without needlessly changing or supplanting existing codes, regulations, and standards. As additional companies seek to locate their facilities in public rights of way, it is incumbent on local government to establish uniform, clear, competitively neutral, and nondiscriminatory rules for use of the public right of way.
It is the policy of the legislature that fees and charges levied by local governments on the telecommunications industry for use of public rights of way and for franchises, permits, and licenses required for construction, repair, maintenance, use, and operation of facilities for telecommunications shall not be a means of raising general revenue. It is the intent of the legislature and the policy of this state that fees for necessary permits and licenses do not exceed the actual costs incurred in receiving, considering, and issuing the permits and licenses, inspecting work in the right of way, restoring damage to the right of way related to such work, and maintaining the necessary systems and records to effectively manage the use of the right of way.
NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout chapter . . ., Laws of 1998 (this act).
(1) "Authorized facilities" means all of the plant, equipment, fixtures, appurtenances, antennas, and other facilities necessary to furnish and deliver telecommunications services, including but not limited to poles with crossarms, poles without crossarms, wires, lines, conduits, cables, communication and signal lines and equipment, braces, guys, anchors, vaults, and all attachments, appurtenances, and appliances necessary or incidental to the distribution and use of telecommunications services.
(2) "Authorized user" means any person providing telecommunications or cable television service to the public.
(3) "Cable television service" means the one‑way broadcast or cable transmission of television or radio signals.
(4) "Public right of way" means roads, streets, and highways, including limited access highways and does not include federally granted trust lands and the forest board trust lands.
(5) "Telecommunications service" means the transmission of information by wire, radio, optical cable, electromagnetic, or other similar means for the public. For the purpose of this subsection, "information" means knowledge or intelligence represented by any form of writing, signs, signals, pictures, sounds, or any other symbols.
NEW SECTION. Sec. 3. (1) An authorized user may erect, construct, support, attach, connect, stretch authorized facilities between, maintain, repair, replace, and operate and use authorized facilities in, upon, over, under, along, across, and through public rights of way. These authorized facilities shall be maintained within public rights of way so as not to unreasonably interfere with the free passage of traffic and in accordance with the laws of the state and appropriate codes, regulations, and standards adopted by counties, cities, and towns pursuant to those laws.
(2) Nothing in this section waives the responsibility of the authorized users to obtain permits for the installation of authorized facilities as required by counties, cities, and towns.
(3) Nothing in this section creates, modifies, or diminishes the priority of use for authorized facilities over other users of the right of way for utility purposes or other purposes subject to local franchise or permit.
NEW SECTION. Sec. 4. (1) Neither the state nor any county, city, or town may adopt or enforce regulations that:
(a) Discriminate or have the effect of discriminating among authorized users or authorized facilities;
(b) In any way conflict with: (i) Federal and state public service laws; (ii) federal or state laws, rules, and regulations that specifically apply to the design, construction, and operation of authorized facilities; or (iii) federal or state worker safety and public safety laws, rules, and regulations;
(c) Regulate services of authorized users based upon the content or type of signals that are carried or are capable of being carried over the telecommunications facilities, except where specifically authorized in state or federal law;
(d) Impose regulatory requirements that regulate the services and business operations of the authorized user, and that are not directly related to the use of rights of way, except where specifically authorized in state or federal law. To the maximum extent feasible, franchises applicable to telecommunications companies shall be used to coordinate and integrate construction and development regulations and permits and requirements and permits required under other laws relating to streets, roads, and highways. Franchises shall not be used to require additional permits, conditions, or requirements that are duplicated under other laws; or
(e) Provide for a period that exceeds one hundred twenty days between filing a complete application for a permit and issuance of the permit, or otherwise unreasonably delay work by authorized users on authorized facilities in the public right of way except where required by specific procedures to assure cooperation of work within the right of way which provide reasonable opportunities for scheduling of work and do not impose unreasonable barriers to entry or with the agreement of the applicant.
(2) Counties, cities, and towns are encouraged to develop procedures to provide interim authorizations for the installation of authorized facilities and process a complete permit, where the timeline to complete such an agreement is expected to exceed one hundred twenty days.
(3) Counties, cities, and towns are encouraged to work together and with industry, using the experience of the industry and those counties, cities, and towns that have adopted wireless regulations, to develop a model ordinance for the siting of wireless telecommunications facilities by January 1, 1999.
NEW SECTION. Sec. 5. (1) Except as provided in subsection (2) of this section, neither the state nor any county, city, or town shall place a moratorium on the acceptance and processing of applications, permitting, construction, maintenance, repair, replacement, extension, operation, or use of any wireless communication facility that is authorized under sections 2 through 6 of this act following the effective date of this section. An existing moratorium that expires following the effective date of this section shall not be extended in whole or in part.
(2)(a) A city or town incorporated after the effective date of this section shall be permitted to impose one moratorium that shall not exceed one hundred eighty days and shall not be extendable.
(b) Upon the expiration of a moratorium authorized by (a) of this subsection, the authorizing city or town is subject to subsection (1) of this section.
(3) This section applies to moratoriums one hundred twenty days after the adoption of a model ordinance under section 4(3) of this act or on April 1, 1999, whichever occurs first.
NEW SECTION. Sec. 6. (1) Neither the state nor any county, city, or town may impose, demand, or accept any compensation from an authorized user, whether by fee, charge, license, rent, use of authorized facilities at other than normal charges, provision of in-kind services by authorized users without compensation or at below-market rates, or by any other manner for:
(a) The use or occupancy of public rights of way for authorized facilities; or
(b) Any act authorized by sections 2 through 6 of this act unless the fee, charge, or other compensation is imposed generally and uniformly on projects outside public rights of way.
(2) No fee, charge, or other compensation permitted under subsection (1) of this section may recover more than the direct administrative expenses actually incurred by the state, county, city, or town in receiving and approving a construction or development permit, inspecting plans and construction, development and maintenance of record systems and excavation authorizations systems, costs of repair or restoration of the right of way, or preparing a detailed statement pursuant to chapter 43.21C RCW.
(3) This section does not preclude a county, city, or town from issuing franchises and imposing franchise fees for cable services as allowed by federal law.
(4) This section does not amend, repeal, or modify any law governing the taxing authority of cities or towns.
NEW SECTION. Sec. 7. A new section is added to chapter 35.21 RCW to read as follows:
Each city or town is subject to the requirements and restrictions regarding telecommunications services and public rights of way under sections 2 through 6 of this act. However, sections 2 through 6 of this act do not limit or modify the applicability of chapters 35.77, 35.78, and 36.70A RCW.
NEW SECTION. Sec. 8. A new section is added to chapter 35A.21 RCW to read as follows:
Each code city is subject to the requirements and restrictions regarding telecommunications services and public rights of way under sections 2 through 6 of this act. However, sections 2 through 6 of this act do not limit or modify the applicability of chapter 36.70A RCW.
NEW SECTION. Sec. 9. A new section is added to chapter 36.01 RCW to read as follows:
Each county is subject to the requirements and restrictions regarding telecommunications services and public rights of way under sections 2 through 6 of this act. However, sections 2 through 6 of this act do not limit or modify the applicability of chapters 36.70, 36.70A, 36.75, 36.78, 36.80, 36.81, and 36.86 RCW.
NEW SECTION. Sec. 10. Sections 2 through 6 of this act are each added to chapter 80.36 RCW."
SSB 6515 - S AMD - 713
By Senators Strannigan, Hargrove and Finkbeiner
ADOPTED 2/16/98
On page 1, line 1 of the title, after "way;" strike the remainder of the title and insert "adding new sections to chapter 80.36 RCW; adding a new section to chapter 35.21 RCW; adding a new section to chapter 35A.21 RCW; adding a new section to chapter 36.01 RCW; and creating a new section."
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