S-1295.1  _______________________________________________

                         SENATE BILL 6071

          _______________________________________________

State of Washington      57th Legislature     2001 Regular Session

By Senators Finkbeiner, Stevens and Jacobsen

Read first time 02/16/2001.  Referred to Committee on Economic Development & Telecommunications.

Regulating attachments to transmission facilities owned by public utility districts that provide wholesale telecommunications services under RCW 54.16.330 and 54.16.340.

    AN ACT Relating to attachments to transmission facilities owned by public utility districts that provide wholesale telecommunications services under RCW 54.16.330 and 54.16.340; amending RCW 80.54.010; and adding a new section to chapter 54.16 RCW.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 54.16 RCW to read as follows:

    A public utility district that provides wholesale telecommunications services under this chapter shall be subject to the provisions of chapter 80.54 RCW.

    Sec. 2.  RCW 80.54.010 and 1985 c 450 s 40 are each amended to read as follows:

    Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

    (1) "Attachment" means any wire or cable for the transmission of intelligence by telecommunications or television, including cable television, light waves, or other phenomena, or for the transmission of electricity for light, heat, or power, and any related device, apparatus, or auxiliary equipment, installed upon any pole or in any telecommunications, electrical, cable television, or communications right of way, duct, conduit, manhole or handhole, or other similar facilities owned or controlled, in whole or in part, by one or more utilities, including public utility districts that provide wholesale telecommunications services under RCW 54.16.330 and 54.16.340, where the installation has been made with the consent of the one or more utilities.

    (2) "Licensee" means any person, firm, corporation, partnership, company, association, joint stock association, or cooperatively organized association, other than a utility, which is authorized to construct attachments upon, along, under, or across the public ways.

    (3) "Utility" means any electrical company or telecommunications company as defined in RCW 80.04.010, and does not include any entity cooperatively organized, or owned by federal, state, or local government, or a subdivision of state or local government, except that a public utility district that provides wholesale telecommunications services under RCW 54.16.330 and 54.16.340 is subject to the provisions of this chapter.

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