H-4336.2  _______________________________________________

                          HOUSE BILL 2958

          _______________________________________________

State of Washington      55th Legislature     1998 Regular Session

By Representatives B. Thomas, Morris, Kessler, Wensman, Dunn, D. Schmidt and Lisk

Read first time 01/23/98.  Referred to Committee on Energy & Utilities.

Clarifying the regulatory authority of the utilities and transportation commission with regard to internet services and digital broadband technologies.

    AN ACT Relating to digital broadband internet access and transport services; and amending RCW 80.36.370.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

    Sec. 1.  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 or two-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) 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) 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; or

(7) Notwithstanding any other provision of this title, internet services and digital broadband technologies.

For the purposes of this subsection (7):

(a) "Internet services" includes any and all services provisioned through technologies that support the internet including, but not limited to, packet/cell switched based technologies, transmission control protocol/internet protocol (TCP/IP) based technologies, digital subscriber loop (DSL), frame relay, asynchronous transfer mode (ATM), and any other packet based or digital broadband technology.  Internet services also include access to the internet or offload and transport.

(b) "Digital broadband technologies" include, but are not limited to, packet/cell switched based technologies, transmission control protocol/internet protocol (TCP/IP) based technologies, digital subscriber loop (DSL), frame relay, asynchronous transfer mode (ATM), and any other packet based or digital broadband technology.

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