H-1939

AN ACT Relating to community voice mail; amending RCW 80.36.005, 80.36.410, 80.36.420, 80.36.430, 80.36.440, 80.36.450, 80.36.460, 80.36.470, and 80.36.475; and providing an expiration date.

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

Sec. 1. RCW 80.36.005 and 1993 c 249 s 1 are each amended to read as follows:

((~~As used in~~)) The definitions in this section apply throughout this chapter((,)) unless the context ((~~indicates~~)) clearly requires otherwise((,)).

(1) "Department" means the department of social and health services.

(2) "Community action agency" means local community action agencies or local community service agencies designated by the department of community, trade, and economic development under chapter 43.63A RCW.

(3) "Voice mail" means a computerized telephone answering service.

Sec. 2. RCW 80.36.410 and 1987 c 229 s 3 are each amended to read as follows:

(1) The legislature finds that universal telephone service is an important policy goal of the state. The legislature further finds that: (a) Recent changes in the telecommunications industry, such as federal access charges, raise concerns about the ability of low-income persons to continue to afford access to local exchange telephone service; and (b) many low-income persons do not have a permanent residence in which to receive local exchange telephone service.

(2) Therefore, the legislature finds that: (a) It is in the public interest to take steps to mitigate the effects of these changes on low-income persons; and (b) advances in telecommunications technologies, such as voice mail services, provide new and economically efficient ways to secure many of the benefits of universal service to low-income persons who are not customers of local exchange telephone service.

Sec. 3. RCW 80.36.420 and 1990 c 170 s 2 are each amended to read as follows:

The Washington telephone assistance program shall be available to ((~~participants~~)) eligible clients of department programs and community action agency services set forth in RCW 80.36.470. Assistance shall consist of the following components:

(1) A discount on service connection fees of fifty percent or more as set forth in RCW 80.36.460.

(2) A waiver of deposit requirements on local exchange service, as set forth in RCW 80.36.460.

(3) A discounted flat rate service for local exchange service, which shall be subject to the following conditions:

(a) The commission shall establish a single telephone assistance rate for all local exchange companies operating in the state of Washington. The telephone assistance rate shall include any federal end user access charges and any other charges necessary to obtain local exchange service.

(b) The commission shall, in establishing the telephone assistance rate, consider all charges for local exchange service, including federal end user access charges, mileage charges, extended area service, and any other charges necessary to obtain local exchange service.

(c) The telephone assistance rate shall only be available to eligible customers subscribing to the lowest available local exchange flat rate service, where the lowest local exchange flat rate, including any federal end user access charges and any other charges necessary to obtain local exchange service, is greater than the telephone assistance rate. Low-income senior citizens sixty years of age and older and other low-income persons identified by the department as medically needy shall, where single-party service is available, be provided with single-party service as the lowest available local exchange flat rate service.

(d) The cost of providing the service shall be paid, to the maximum extent possible, by a waiver of all or part of the federal end user access charge and, to the extent necessary, from the telephone assistance fund created by RCW 80.36.430.

(4) Voice mail services shall be available to qualified recipients only. Qualified recipients shall be determined by the department and may not be the same recipients of the Washington telephone assistance program. Recipients shall not qualify for both the telephone assistance program and voice mail services at any one time. Each qualified recipient shall receive: (a) An individually assigned telephone number; (b) the ability to record a personal greeting; and (c) a secure private security code to retrieve messages. The voice mailbox service may also include a toll-free line through which recipients can access their voice mailboxes at no charge.

Sec. 4. RCW 80.36.430 and 1990 c 170 s 3 are each amended to read as follows:

(1) The Washington telephone assistance program shall be funded by a telephone assistance excise tax on all switched access lines and by funds from any federal government or other programs for this purpose. Switched access lines are defined in RCW 82.14B.020. The telephone assistance excise tax shall be applied equally to all residential and business access lines not to exceed fourteen cents per month. The telephone assistance excise tax shall be separately identified on each ratepayer's bill as the "Washington telephone assistance program." All money collected from the telephone assistance excise tax shall be transferred to a telephone assistance fund administered by the department.

(2) Local exchange companies offering the services available under RCW 80.36.420 (1) through (3) shall bill the fund for their expenses incurred in ((~~offering the telephone assistance program~~)) providing connection fee discounts, waivers of deposits, and discounted flat rate service, including administrative and program expenses.

(3) Community action agencies offering the services available under RCW 80.36.420(4) shall bill the fund for their expenses incurred in providing voice mail services, including administrative and program expenses.

(4) The department shall disburse the money to the local exchange companies and community action agencies, except that the total amount of funds that may be paid annually to community action agencies for voice mail services shall not exceed ten percent of the total annual telephone assistance fund revenues collected. The department is exempted from having to conclude a contract with local exchange companies in order to effect this reimbursement. The department shall recover its administrative costs from the fund. The department may specify by rule the range and extent of administrative and program expenses that will be reimbursed to local exchange companies and community action agencies.

Sec. 5. RCW 80.36.440 and 1990 c 170 s 4 are each amended to read as follows:

(1) The commission and the department may adopt any rules necessary to implement RCW 80.36.410 through 80.36.470.

(2) Rules necessary for the implementation of voice mail shall be made by the commission and the department in consultation with the department of community, trade, and economic development. The rules shall provide funding for community action agencies in the following order of priority: (a) Deployment of new voice mail systems through funding for start-up and installation costs, including staff to train participating agencies and maintain program data; (b) installation of toll-free lines through which recipients of existing voice mail services can access their voice mailboxes at no charge; (c) expansion of the capacity of existing voice mail services; and (d) payment for continuing and expanding telephone services of existing voice mail services, including maintenance expenses, operating expenses, and administrative expenses. The rules may require community action agencies to match up to fifty percent of the funds received from the telephone assistance program or to demonstrate the acquisition of in-kind contributions from local exchange companies or vendors of voice mail hardware or software.

Sec. 6. RCW 80.36.450 and 1993 c 249 s 2 are each amended to read as follows:

The Washington telephone assistance program shall be limited to one residential access line per eligible household for services provided by local exchange companies. Voice mail services shall consist of one voice mailbox per eligible person for services provided by community action agencies.

Sec. 7. RCW 80.36.460 and 1990 c 170 s 5 are each amended to read as follows:

(1) Local exchange companies shall file tariffs with the commission which waive deposits on local exchange service for eligible subscribers and which establish a fifty percent discount on service connection fees for eligible subscribers. Part or all of the remaining fifty percent of service connection fees may be paid by funds from federal government or other programs for this purpose. The commission or other appropriate agency shall make timely application for any available federal funds. The remaining portion of the connection fee to be paid by the subscriber shall be expressly payable by installment fees spread over a period of months. A subscriber may, however, choose to pay the connection fee in a lump sum. Costs associated with the waiver and discount shall be accounted for separately and recovered from the telephone assistance fund. Eligible subscribers shall be allowed one waiver of a deposit and one discount on service connection fees per year.

(2) Community action agencies shall not charge recipients for voice mail services.

Sec. 8. RCW 80.36.470 and 1990 c 170 s 6 are each amended to read as follows:

(1) Adult recipients of department-administered programs for the financially needy which provide continuing financial or medical assistance, food stamps, or supportive services to persons in their own homes are eligible for participation in the telephone assistance program. The department shall notify the participants of their eligibility.

(2) Adult clients of community action agency services are eligible for participation in the voice mail services of the telephone assistance program if they do not reside in a residence with local exchange telephone service or do not have a reliable means of directly receiving telephone calls or messages.

Sec. 9. RCW 80.36.475 and 1990 c 170 s 7 are each amended to read as follows:

The department shall report to the ((~~energy and utilities~~)) committees of the house of representatives and the senate with jurisdiction over telecommunications services by December 1st of each year on the status of the Washington telephone assistance program. The report shall include the number of participants by qualifying ((~~social service~~)) department or community action agency programs receiving benefits from the telephone assistance program and the type of benefits participants receive. The report shall also include a description of the geographical distribution of participants, the program's annual revenue and expenditures, and any recommendations for legislative action.

NEW SECTION. Sec. 10. Sections 2 through 8 of this act expire June 30, 2003.