BILL REQ. #:  H-2413.1 

READ FIRST TIME 02/26/07.   

     AN ACT Relating to regulating utility pole attachments; and amending RCW 54.04.045.

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

Sec. 1   RCW 54.04.045 and 1996 c 32 s 5 are each amended to read as follows:
     (1) As used in this section:
     (a) "Attachment" means the affixation or installation of any wire, cable, or other physical material capable of carrying electronic impulses or light waves for the carrying of intelligence for telecommunications or television, including((,)) but not limited to cable, and any related device, apparatus, or auxiliary equipment within a licensee's allocated space upon any pole owned or controlled in whole or in part by one or more locally regulated utilities where the installation has been made with the necessary consent.
     (b) "Licensee" means any person, firm, corporation, partnership, company, association, joint stock association, or cooperatively organized association, which is authorized to construct attachments upon, along, under, or across the public ways.
     (c) "Locally regulated utility" means a public utility district not subject to rate or service regulation by the utilities and transportation commission.
     (((c))) (d) "Nondiscriminatory" means that pole owners may not arbitrarily differentiate among or between similar classes of ((persons)) licensees approved for attachments.
     (2) ((All)) Disputes concerning the rates, terms, and conditions made, demanded, or received by a locally regulated utility for ((attachments to)) allocated space on its poles for placement of licensees' attachments may be brought before the American arbitration association. All rates, terms, and conditions made, demanded, or received by any locally regulated utility must be based on the utility's cost for provision of the allocated space used by the licensee. Rates must be just, fair, reasonable, nondiscriminatory, and sufficient to cover the utility's actual capital and operating expenses attributable to the portion of the pole used by the licensee. ((A locally regulated utility shall levy attachment space rental rates that are uniform for the same class of service within the locally regulated utility service area.
     (3) Nothing in this section shall be construed or is intended to confer upon the utilities and transportation commission any authority to exercise jurisdiction over locally regulated utilities.))