H‑0448.2   _____________________________________________

 

HOUSE BILL 1284

 

           _____________________________________________

 

State of Washington      57th Legislature     2001 Regular Session

 

By Representatives Morris, Crouse, Reardon, Bush, Cairnes, O'Brien, DeBolt, Casada, D. Schmidt, Lovick, Mulliken, Delvin, Kessler and Mielke

 

Read first time 01/23/2001.  Referred to Committee on Technology, Telecommunications & Energy.

_1      AN ACT Relating to telecommunications services provided by

_2  public utility and rural port districts; and amending RCW

_3  54.16.330 and 53.08.370.

     

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

     

_5      Sec. 1.  RCW 54.16.330 and 2000 c 81 s 3 are each amended to read

_6  as follows:

_7      (1) A public utility district in existence on June 8, 2000, may

_8  construct, purchase, acquire, develop, finance, lease, license,

_9  handle, provide, add to, contract for, interconnect, alter,

10  improve, repair, operate, and maintain any telecommunications

11  facilities within or without the district's limits for the

12  following purposes:

13      (a) For the district's internal telecommunications needs; and

14      (b) For the provision of wholesale telecommunications services

15  within the district and by contract with another public utility

16  district.

17      ((Nothing in this subsection shall be construed to authorize

18  public utility districts to provide telecommunications services to

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_1  end users.))

_2      (2) Public utility districts are not authorized to provide

_3  telecommunications services or facilities to end users.  Contracts

_4  with government agencies under chapter 39.34 RCW or otherwise for

_5  the provision of telecommunications services or facilities by

_6  public utility districts, in existence before the effective date

_7  of this act, shall terminate within twenty-four months thereof or

_8  as soon as an authorized telecommunications or internet provider

_9  can provide services.

10      (3) A public utility district providing wholesale

11  telecommunications services shall ensure that rates, terms, and

12  conditions for such services are not unduly or unreasonably

13  discriminatory or preferential.  Rates, terms, and conditions are

14  discriminatory or preferential when a public utility district

15  offering rates, terms, and conditions to an entity for wholesale

16  telecommunications services does not offer substantially similar

17  rates, terms, and conditions to all other entities seeking

18  substantially similar services.

19      (((3) When a public utility district establishes a separate

20  utility function for the provision of wholesale telecommunications

21  services, it)) (4) A public utility district providing wholesale

22  telecommunications services under subsection (1) of this section

23  shall establish a separate utility function for wholesale

24  telecommunications services.

25      (5) A public utility district providing wholesale

26  telecommunications services shall account for any and all revenues

27  and expenditures related to its wholesale telecommunications

28  facilities and services separately from revenues and expenditures

29  related to its internal telecommunications operations.  Any revenues

30  received from the provision of wholesale telecommunications

31  services must be dedicated to the utility function that includes

32  the provision of wholesale telecommunications services for costs

33  incurred to build and maintain the telecommunications facilities

34  until such time as any bonds or other financing instruments

35  executed after June 8, 2000, and used to finance the

36  telecommunications facilities are discharged or retired.

37      (((4))) (6) When a public utility district establishes a

38  separate utility function for the provision of wholesale

HB 1284                        p. 2

_1  telecommunications services, all telecommunications services

_2  rendered by the separate function to the district for the

_3  district's internal telecommunications needs shall be charged at

_4  its true and full value.  A public utility district may not charge

_5  its nontelecommunications operations rates that are preferential

_6  or discriminatory compared to those it charges entities purchasing

_7  wholesale telecommunications services.

_8      (((5))) (7) A public utility district shall not exercise powers

_9  of eminent domain to acquire telecommunications facilities or

10  contractual rights held by any other person or entity to

11  telecommunications facilities.

12      (((6))) (8) Except as otherwise specifically provided, a public

13  utility district may exercise any of the powers granted to it

14  under this title and other applicable laws in carrying out the

15  powers authorized under this section.  Nothing in chapter 81, Laws

16  of 2000 limits any existing authority of a public utility district

17  under this title.

     

18     Sec. 2.  RCW 53.08.370 and 2000 c 81 s 7 are each amended to read

19  as follows:

20      (1) A rural port district in existence on June 8, 2000, may

21  construct, purchase, acquire, develop, finance, lease, license,

22  handle, provide, add to, contract for, interconnect, alter,

23  improve, repair, operate, and maintain any telecommunications

24  facilities within or without the district's limits for the

25  following purposes:

26      (a) For the district's own use; and

27      (b) For the provision of wholesale telecommunications services

28  within the district's limits.  ((Nothing in this subsection shall be

29  construed to authorize rural port districts to provide

30  telecommunications services to end users.))

31      (2) Rural port districts are not authorized to provide

32  telecommunications services or facilities to end users.  Contracts

33  with government agencies under chapter 39.34 RCW or otherwise for

34  the provision of telecommunications services or facilities by

35  rural port districts, in existence before the effective date of

36  this act, shall terminate within twenty-four months thereof or as

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_1  soon as an authorized telecommunications or internet provider can

_2  provide services.

_3      (3) A rural port district providing wholesale

_4  telecommunications services under this section shall ensure that

_5  rates, terms, and conditions for such services are not unduly or

_6  unreasonably discriminatory or preferential.  Rates, terms, and

_7  conditions are discriminatory or preferential when a rural port

_8  district offering such rates, terms, and conditions to an entity

_9  for wholesale telecommunications services does not offer

10  substantially similar rates, terms, and conditions to all other

11  entities seeking substantially similar services.

12      (((3) When a rural port district establishes a separate utility

13  function for the provision of wholesale telecommunications

14  services, it)) (4) A rural port district providing wholesale

15  telecommunications services under subsection (1) of this section

16  shall establish a separate utility function for wholesale

17  telecommunications services.

18      (5) A rural port district providing wholesale

19  telecommunications services shall account for any and all revenues

20  and expenditures related to its wholesale telecommunications

21  facilities and services separately from revenues and expenditures

22  related to its internal telecommunications operations.  Any revenues

23  received from the provision of wholesale telecommunications

24  services must be dedicated to the utility function that includes

25  the provision of wholesale telecommunications services for costs

26  incurred to build and maintain the telecommunications facilities

27  until such time as any bonds or other financing instruments

28  executed after June 8, 2000, and used to finance the

29  telecommunications facilities are discharged or retired.

30      (((4))) (6) When a rural port district establishes a separate

31  utility function for the provision of wholesale telecommunications

32  services, all telecommunications services rendered by the separate

33  function to the district for the district's internal

34  telecommunications needs shall be charged at its true and full

35  value.  A rural port district may not charge its

36  nontelecommunications operations rates that are preferential or

37  discriminatory compared to those it charges entities purchasing

38  wholesale telecommunications services.

HB 1284                        p. 4

 

_1      (((5))) (7) A rural port district shall not exercise powers of

_2  eminent domain to acquire telecommunications facilities or

_3  contractual rights held by any other person or entity to

_4  telecommunications facilities.

_5      (((6))) (8) Except as otherwise specifically provided, a rural

_6  port district may exercise any of the powers granted to it under

_7  this title and other applicable laws in carrying out the powers

_8  authorized under this section.  Nothing in chapter 81, Laws of 2000

_9  limits any existing authority of a rural port district under this

10  title.

 

‑‑‑ END ‑‑‑

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