BP BHEAD INT S [atlas:bill]

AN ACT Relating to telecommunications access to limited-access highway rights-of-way; amending RCW 47.44.020; adding a new chapter to Title 47 RCW; and declaring an emergency.

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

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 companies. The federal act has important implications for the Washington state department of transportation. Namely, the federal act impacts both the present and future right-of-way management policies and procedures of the department. The federal act preserves authority of the department to manage its rights-of-way, and obtain fair and reasonable compensation for its use, while encouraging competition in the telecommunications marketplace, resulting in improved services and lower prices to Washington telecommunications consumers.

NEW SECTION. Sec. 2. The definitions set forth in this section apply throughout this chapter.

(1) "Limited-access rights-of-way" includes "limited access facilities" as defined in RCW 47.52.010, and the federal interstate system.

(2) "Telecommunications company" means a telecommunications company as defined by RCW 80.04.010.

NEW SECTION. Sec. 3. The department's provision of access to telecommunications companies on limited-access highway rights-of-way must be in keeping with the following guidelines:

(1) Telecommunications access to the department's limited access rights-of-way must be provided on a competitively neutral basis.

(2) Access is conditioned upon preserving the safety and operational performance of the limited-access facility, as determined by the department.

(3) Access may not be construed in such a manner as to deem the department a telecommunications company. To that end, ownership of telecommunications equipment installed on department rights-of-way for nontransportation purposes remains with the provider.

(4) Contracts for right-of-way access must be separately negotiated with each company. The negotiation format will give telecommunications companies the ability to identify uses for the right-of-way. The department may not condition access to the right-of-way on the obligatory sharing of telecommunications facilities between, or among, competing telecommunications providers.

(5) The department shall exact fair and reasonable compensation for use of its limited access rights-of-way. The compensation may be both cash and in-kind, but in no event may it consist exclusively of an indirect arrangement for the provision of in-kind telecommunications services. Any arrangement by which the department receives in-kind telecommunications services in exchange for access to limited-access rights-of-way is deemed a procurement subject to review by the information services board pursuant to RCW 43.105.041. Revenues from cash compensation must be deposited in the motor vehicle fund. Any consideration received by the department must be publicly disclosed. Telecommunications/right-of-way compensation proposals are subject to approval by the telecommunications/right-of-way advisory panel as described in section 4 of this act.

NEW SECTION. Sec. 4. The telecommunications/right-of-way advisory panel is created to evaluate the department's process for developing compensation proposals for use of its limited-access rights-of-ways by telecommunications providers. Additionally, the advisory panel shall meet as necessary to review compensation proposals. All telecommunications access to limited-access rights-of-way are conditioned on approval of the compensation proposal by a majority of the panel members.

The membership of the telecommunications/right-of-way advisory panel is as follows:

(1) Two members of the house transportation policy and budget committee, one from each political party, as appointed by the speaker of the house of representatives. The speaker shall also designate two alternate members to serve if the appointed member is unavailable;

(2) Two members of the senate transportation committee, one from each political party, as appointed by the president of the senate. The president shall also designate two alternate members to serve if the appointed member is unavailable;

(3) One member of the house energy and utilities committee, as appointed by the speaker of the house of representatives. The speaker shall also designate an alternate member to serve if the appointed member is unavailable;

(4) One member of the senate energy and utilities committee, as appointed by the president of the senate. The president shall also designate an alternate member to serve if the appointed member is unavailable;

(5) The secretary of the department of transportation or a designee;

(6) The state treasurer or a designee;

(7) The director of the office of financial management or a designee;

(8) The chairperson of the information services board or a designee, who is also a member of the board;

(9) The director of the department of information services or a designee;

(10) The director of the department of revenue or a designee; and

(11) A citizen member, appointed by the governor, with interest and experience in telecommunications.

All the members present during the advisory panel deliberations are full voting members. In the event that an alternate or designee is called to deliberate on the panel, he or she shall assume the voting status of the member for whom he or she is substituting. The decisions of the panel must be by majority vote. The membership shall elect a chair.

NEW SECTION. Sec. 5. Nothing in this chapter affects existing or future franchise arrangements with nontelecommunications utilities.

Sec. 6. RCW 47.44.020 and 1980 c 28 s 2 are each amended to read as follows:

If the department of transportation deems it to be for the public interest, the franchise may be granted in whole or in part, with or without hearing under such regulations and conditions as the department may prescribe, with or without compensation, but not in excess of the reasonable cost for investigating, handling, and granting the franchise, except as provided in section 3 of this act. The department may require that the utility and appurtenances be so placed on the highway that they will, in its opinion, least interfere with other uses of the highway.

If a hearing is held, it shall be conducted by the department, and may be adjourned from time to time until completed. The applicant may be required to produce all facts pertaining to the franchise, and evidence may be taken for and against granting it.

The facility shall be made subject to removal when necessary for the construction, alteration, repair, or improvement of the highway and at the expense of the franchise holder, except that the state shall pay the cost of such removal whenever the state shall be entitled to receive proportionate reimbursement therefor from the United States in the cases and in the manner set forth in RCW 47.44.030. Renewal upon expiration of a franchise shall be by application. A person constructing or operating such a utility on a state highway is liable to any person injured thereby for any damages incident to the work of installation or the continuation of the occupancy of the highway by the utility, and except as provided above, is liable to the state for all necessary expenses incurred in restoring the highway to a permanent suitable condition for travel. No franchise may be granted for a longer period than fifty years, and no exclusive franchise or privilege may be granted.

NEW SECTION. Sec. 7. Sections 1 through 5 of this act constitute a new chapter in Title 47 RCW.

NEW SECTION. Sec. 8. 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.