H-1581.2 _______________________________________________
HOUSE BILL 1907
_______________________________________________
State of Washington 55th Legislature 1997 Regular Session
By Representatives Cairnes, Radcliff, Koster, Thompson, Costa, O'Brien, D. Schmidt, Kessler, Mielke, Kastama, Scott and Morris
Read first time 02/13/97. Referred to Committee on Energy & Utilities.
AN ACT Relating to competitive telecommunications services by establishing categories of service that are not subject to regulation; and amending RCW 80.36.300 and 80.36.370.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 80.36.300 and 1985 c 450 s 1 are each amended to read as follows:
(1) The legislature declares it is the policy of the state to:
(((1)))
(a) Preserve affordable universal telecommunications service;
(((2)))
(b) Maintain and advance the efficiency and availability of
telecommunications service;
(((3)))
(c) Ensure that customers pay only reasonable charges for
telecommunications service;
(((4)))
(d) Ensure that rates for noncompetitive telecommunications services do
not subsidize the competitive ventures of regulated telecommunications
companies;
(((5)))
(e) Promote diversity in the supply of telecommunications services and
products in telecommunications markets throughout the state; and
(((6)))
(f) Permit flexible regulation of competitive telecommunications
companies and services.
(2) The legislature further finds and declares that the federal telecommunications act of 1996 was enacted to open competition in the telecommunications industry, and to allow and encourage competition to determine the availability, price, terms, and other conditions by which telecommunications products and services will be offered. As Washington transitions to a fully competitive telecommunications market, continued regulation of new products and services conflicts with the intent of the federal telecommunications act of 1996 and is not appropriate.
Sec. 2. RCW 80.36.370 and 1990 c 118 s 1 are each amended to read as follows:
The commission shall not regulate the following:
(1) One way broadcast or cable television transmission of television or radio signals;
(2) Private telecommunications systems;
(3) Telegraph services;
(4) Any sale, lease, or use of customer premises equipment except such equipment as is regulated on July 28, 1985;
(5) Notwithstanding any other provision of this title, asymmetric digital subscriber line, asynchronous transfer mode, frame relay service, any transmission system using time division multiplexing or similar technology to carry twenty-four or more digital voice or data channels each at 64 Kb/s or higher over copper wire or other transmission medium with a total bandwidth of 1.544 Mb/s or higher, or any new product or service offered on or after the effective date of this act. For purposes of this section, new products or services do not include those products or services offered by tariff before the effective date of this act, that are merely repriced or repackaged and replace products or services offered by tariff before the effective date of this act;
(6) Private shared telecommunications services, unless the commission finds, upon notice and investigation, that customers of such services have no alternative access to local exchange telecommunications companies. If the commission makes such a finding, it may require the private shared telecommunications services provider to make alternative facilities or conduit space available on reasonable terms and conditions at reasonable prices;
(((6))) (7) Radio communications services provided by
a regulated telecommunications company, except that when those services are the
only voice grade, local exchange telecommunications service available to a
customer of the company the commission may regulate the radio communication
service of that company.
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