S-1646               _______________________________________________

                                                   SENATE BILL NO. 5806

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Senator Bluechel

Read first time 2/8/89 and referred to Committee on  Energy & Utilities.

AN ACT Relating to telephone exchange areas and territorial boundaries; and amending RCW 80.36.230.

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

        Sec. 1.  Section 80.36.230, chapter 14, Laws of 1961 as amended by section 37, chapter 450, Laws of 1985 and RCW 80.36.230 are each amended to read as follows:

          The commission is hereby granted the power to prescribe exchange area boundaries and/or territorial boundaries for telecommunications companies upon its own motion, or upon receipt of a petition signed by a majority of affected exchange area subscribers.  In the event of the filing of a petition by affected exchange area subscribers, as part of its investigation, the commission shall examine whether it is possible for the interexchange company whose boundaries will be affected to negotiate a like exchange with another interexchange company.  If such an exchange is possible, the commission shall establish a negotiation procedure and schedule with which both companies shall comply.  The commission or its designee shall act as an arbiter at these negotiations, and a result must be reached by a time designated by the commission.  If the negotiations do not resolve the issues, the commission shall then continue with investigation and hearing for the purposes set forth in the petition.

After investigation and hearing, the commission shall alter the exchange area boundary and/or territorial boundary of a telecommunications company if it finds that:

(1) The area affected is contained within a class AA county;

(2) (a) The telecommunications company serving the exchange area does not provide service to the satisfaction of the commission; or

(b) The public interest requires a replacement provider of service; and

(3) (a)  The telecommunications company that may receive new subscribers has declared in writing an ability and willingness to serve such subscribers;

(b) The exchange area boundaries and/or territorial boundaries of the area in question must not have been changed for at least seven years; and

(c) The change must not result in the creation of a noncontiguous exchange for any telecommunications company involved.