S-1979.1  _______________________________________________

                         SENATE BILL 6014

          _______________________________________________

State of Washington      55th Legislature     1997 Regular Session

By Senator Finkbeiner

Read first time 02/26/97.  Referred to Committee on Energy & Utilities.

Regulating city ownership or operation of a telecommunications system.

    AN ACT Relating to a city owning or operating a telecommunications system; amending RCW 80.36.370; adding a new section to chapter 35.21 RCW; and creating a new section.

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

NEW SECTION. Sec. 1.  The legislature finds that the telecommunications industry is experiencing rapid change and technological evolution.  The legislature further finds that with this looming uncertainty, local governments pursuing a publicly owned telecommunications system are potentially placing their constituents at a financial risk.

NEW SECTION. Sec. 2.  A new section is added to chapter 35.21 RCW to read as follows:

    No city may own or operate a telecommunications system, including a cable television system, intended for public use and constructed or purchased after January 1, 1997, unless the financing or operation plan has been approved by the utilities and transportation commission.

    Sec. 3.  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, except for section 2 of this act;

    (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.

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