H-0506

H-0506.2 _______________________________________________

HOUSE BILL 1030

_______________________________________________

State of Washington 56th Legislature 1999 Regular Session

By Representatives DeBolt, Hurst, Clements, Radcliff, Bush, McMorris, Alexander, Mulliken, Kastama, Conway, Esser, Lambert, McIntire, Kessler, Keiser, Cooper, Stensen, Mielke, Parlette, McDonald, K. Schmidt, Mastin, Dunn, Benson, Ogden, Haigh, Rockefeller, Lantz, Wood and Sump

Prefiled 1/7/99. Read first time 01/11/1999. Referred to Committee on Technology, Telecommunications & Energy.

AN ACT Relating to penalties for unauthorized changes of a subscriber's telecommunications company; adding a new section to chapter 80.36 RCW; and prescribing penalties.

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

NEW SECTION. Sec. 1. A new section is added to chapter 80.36 RCW to read as follows:

(1) No telecommunications company shall execute or otherwise cause a change in a subscriber's selection of local exchange or interexchange telecommunications company without the subscriber's authorization in a manner provided for by the commission. In addition to any other penalties provided by law, the commission may impose any one or more of the following penalties:

(a) Order payment by an unauthorized service provider to the service provider previously selected by the subscriber in an amount not to exceed all charges billed to such subscriber by the unauthorized service provider for services provided during the unauthorized service period;

(b) Order the unauthorized service provider to cancel any charges billed to a subscriber for services provided during the unauthorized service period; and

(c) Order the unauthorized service provider to refund all payments made by the subscriber for services provided during the unauthorized service period.

(2) In addition to the penalties provided in subsection (1) of this section, if the commission finds a pattern or practice of violation of this section by any telecommunications company, the commission may require the telecommunications company to obtain a signed letter of agency from every new subscriber for a period of time established by the commission.