6675-S AMH

6675-S AMH .... H5066.1

SSB 6675 - H AMD TO TTE COMM AMD (H-5021.1/00) 594 FAILED 3-2-00

By Representative

Beginning on page 4, line 36 of the amendment, strike all of section 5 and insert the following:

"NEW SECTION. Sec. 5. A new section is added to chapter 54.16 RCW to read as follows:

(1) A person or entity that has requested wholesale telecommunications services from a public utility district may file a petition for review with that district's board of commissioners to review the rates, terms, and conditions of such service to ensure that such rates, terms, and conditions are not unduly discriminatory or preferential. The board of commissioners shall, in response to such petition, compile a record consisting of such rates, terms, and conditions, and such documentary evidence and statements of legal position as may be offered by the requesting entity, public utility district staff, and any interested party that shall intervene, and shall, based upon such record, issue a written order disposing of the petition for review. The board of commissioners may, at its option, entertain verbal testimony, which shall be included in the hearing record. The board of commissioners shall issue a written order disposing of the petition for review within ninety days of the date it was filed, provided that the board of commissioners may if necessary extend such deadline up to an additional ninety days.

(2) Any party aggrieved by an order issued by a board of commissioners under subsection (1) of this section may file a petition for review of the order in the court of appeals division in which the public utility district is located. The petition for review shall be served upon the public utility district and any other persons or entities made party to the proceedings under subsection (1) of this section. The board of commissioners shall transmit the written record compiled under subsection (1) of this section to the reviewing court and, upon delivery of such record, the reviewing court shall have exclusive jurisdiction to review the record and order to ensure that the rates, terms, and conditions of wholesale telecommunications service offered by the public utility district are not unduly discriminatory or preferential, and shall affirm the order of the board of commissioners or remand the order for further consideration by the board of commissioners. No objection to the order of the board of commissioners shall be entertained unless that objection shall first have been urged before the board of commissioners. The finding of the board of commissioners as to the facts, if any, shall be conclusive if supported by substantial evidence."

Beginning on page 9, line 11 of the amendment, strike all of section 9 and insert the following:

"NEW SECTION. Sec. 9. A new section is added to chapter 53.08 RCW to read as follows:

(1) A person or entity that has requested wholesale telecommunications services from a rural port district may file a petition for review with that district's board of commissioners to review the rates, terms, and conditions of such service to ensure that such rates, terms, and conditions are not unduly discriminatory or preferential. The board of commissioners shall, in response to such petition, compile a record consisting of such rates, terms, and conditions, and such documentary evidence and statements of legal position as may be offered by the requesting entity, rural port district staff, and any interested party that shall intervene, and shall, based upon such record, issue a written order disposing of the petition for review. The board of commissioners may, at its option, entertain verbal testimony, which shall be included in the hearing record. The board of commissioners shall issue a written order disposing of the petition for review within ninety days of the date it was filed, provided that the board of commissioners may if necessary extend such deadline up to an additional ninety days.

(2) Any party aggrieved by an order issued by a board of commissioners under subsection (1) of this section may file a petition for review of the order in the court of appeals division in which the rural port district is located. The petition for review shall be served upon the rural port district and any other persons or entities made party to the proceedings under subsection (1) of this section. The board of commissioners shall transmit the written record compiled under subsection (1) of this section to the reviewing court and, upon delivery of such record, the reviewing court shall have exclusive jurisdiction to review the record and order to ensure that the rates, terms, and conditions of wholesale telecommunications service offered by the rural port district are not unduly discriminatory or preferential, and shall affirm the order of the board of commissioners or remand the order for further consideration by the board of commissioners. No objection to the order of the board of commissioners shall be entertained unless that objection shall first have been urged before the board of commissioners. The finding of the board of commissioners as to the facts, if any, shall be conclusive if supported by substantial evidence."

On page 10, beginning on line 9 of the amendment, strike all of section 10