H‑0565.2   _____________________________________________

HOUSE BILL 1077

           _____________________________________________

State of Washington      57th Legislature     2001 Regular Session

By Representatives Ruderman, DeBolt and Dunn

Read first time 01/15/2001.  Referred to Committee on Technology, Telecommunications & Energy.

_1      AN ACT Relating to promoting competition for broadband

_2  telecommunications service using cable modem technology; and

_3  adding a new section to chapter 80.36 RCW.

_4  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

_5      NEW SECTION. Sec. 1.  A new section is added to chapter 80.36

_6  RCW to read as follows:

_7      (1) The transport portion of any publicly offered service that

_8  includes transport of information to and from the internet, but

_9  not any information portion of such service, is considered a

10  telecommunications service under the laws of this state, if it is

11  accomplished over a cable system.  The entity providing such

12  transport is a telecommunications carrier under the laws of this

13  state, and with respect to such transport is subject to section

14  251 of the telecommunications act of 1996 (47 U.S.C. Sec. 251)

15  including its provisions for state commission enforcement of the

16  telecommunications act.  There is no exception, exclusion,

17  exemption, or waiver of this section based on a claim that the

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_1  system used is a cable system, that the provider is a cable

_2  operator, or that the service is a cable service under applicable

_3  federal law.

_4      (2) Without limiting subsection (1) of this section, no entity

_5  providing such telecommunications services shall, as to its

_6  pricing and provision of such services, make or grant any

_7  preference or advantage to any person requiring such services nor

_8  subject any such person to any prejudice or competitive

_9  disadvantage with respect to such services.  The price the

10  telecommunications carrier charges for such telecommunications

11  services shall be nondiscriminatory and shall not exceed the price

12  it charges entities affiliated by common ownership or control, or

13  imputes to itself, whichever is lesser.

14      (3) To the extent any such telecommunications services subject

15  to this section are interstate in nature, the provisions of this

16  section shall apply only with respect to the telecommunications

17  carrier's obligations arising under section 251 of the

18  telecommunications act of 1996 (47 U.S.C. Sec. 251) to the extent

19  the state has jurisdiction to enforce section 251 by delegation of

20  authority or otherwise, and such other matters with respect to

21  which the state may have jurisdiction pursuant to law or rule.

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