S-0779.1  _______________________________________________

                         SENATE BILL 5376

          _______________________________________________

State of Washington      57th Legislature     2001 Regular Session

By Senators Gardner, Horn and Haugen

Read first time 01/22/2001.  Referred to Committee on Transportation.

Restricting telecommunications services for household goods carriers operating without a permit.

    AN ACT Relating to household goods carriers operating without a permit; and adding new sections to chapter 81.80 RCW.

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

NEW SECTION. Sec. 1.  The business of operating as a household goods carrier for compensation along the highways of this state is declared to be a business affected with the public interest.  The unlawful advertisement, use of telecommunications services, and provision of household goods moving services by unlicensed household goods carriers constitutes an unfair trade practice and unfair competitive advantage over properly licensed and regulated household goods carriers and exposes unsuspecting consumers to the risk of theft, fraud, deception, and other forms of dishonesty.  The legislature declares that the termination, alteration, or refusal of telecommunications services utilized by unlicensed household goods carriers is essential to ensure the public safety and welfare.

    Therefore, the commission should take enforcement action in compliance with this act to refuse or discontinue telecommunications services, including the use of specific telephone numbers, of unlicensed household goods carriers when other available enforcement remedies of the commission have failed to terminate unlawful activities detrimental to the public safety and welfare.

NEW SECTION. Sec. 2.  The superior court of a county has the power, upon petition of the commission, to order any entity providing telecommunication services, including wireless telecommunications service, to refuse or terminate telecommunications services, or to change or terminate a telephone number with no call forwarding from the previous telephone number, of an entity advertising for or providing household goods moving services in violation of the laws requiring a household goods permit.  The court shall issue such order, with or without hearing, if it finds that:

    (1) The telecommunications subscriber is advertising or holding out to the public to perform, or is performing, household goods carrier services without having in force a permit issued by the commission;

    (2) The telecommunications service, or telephone number, is being used or is to be used as an instrumentality, directly or indirectly, to violate or to assist in violation of the laws requiring a household goods carrier permit;

    (3) The commission has made a good faith effort through other enforcement remedies to terminate unlawful household goods carrier services including, at a minimum, issuance of a cease and desist order;

    (4) The order is necessary for public safety and welfare.

NEW SECTION. Sec. 3.  In the event the court orders termination of the use of a telephone number by a subscriber or orders a changed telephone number, the original number may not be reused by any entity providing telecommunications services, including wireless telecommunications service, in this state for a period of one year unless a lesser period of time is specified by the court or if further order of the court releases the number for reuse.

NEW SECTION. Sec. 4.  Any entity providing telecommunications services that has been ordered to refuse or terminate telecommunications services, or to change or terminate a telephone number, shall notify the subscriber in writing within five business days that such action was implemented and shall provide a copy of the court's order to the subscriber.

NEW SECTION. Sec. 5.  Any entity that believes that it has been negatively affected by court action taken under sections 1 through 6 of this act has the right to petition the court for reconsideration of its order or, alternatively, to file a complaint with the commission.  If filed with the commission, the commission shall schedule a public hearing on the complaint to be held within twenty-one calendar days of the filing and assignment of a docket number to the complaint.

    The commission hearing shall be held in accordance with its rules of practice and procedure and is subject to judicial appeal consistent with other general matters that come before the commission for adjudication.

NEW SECTION. Sec. 6.  No action at law or in equity shall accrue against any entity providing telecommunications services in this state because of, or as a result of, any lawful act related to action under sections 1 through 6 of this act.

NEW SECTION. Sec. 7.  Sections 1 through 6 of this act are each added to chapter 81.80 RCW.

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