S-4797               _______________________________________________

                                         SUBSTITUTE SENATE BILL NO. 6770

                        _______________________________________________

State of Washington                               51st Legislature                              1990 Regular Session

By Senate Committee on Energy & Utilities (originally sponsored by Senators Benitz, Sutherland and Williams)

Read first time 2/1/90.

AN ACT Relating to alternate operator services companies; amending RCW 80.36.520 and 80.36.530; adding new sections to chapter 80.36 RCW; and prescribing penalties.

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

        Sec. 1.  Section 2, chapter 91, Laws of 1988 and RCW 80.36.520 are each amended to read as follows:

          The utilities and transportation commission shall by rule require, at a minimum, that any telecommunications company, operating as or contracting with an alternate operator services company, assure appropriate disclosure to consumers of the provision and the rate, charge or fee of services provided by an alternate operator services company.

          For the purposes of this chapter, "alternate operator services company" means a person, other than a local exchange company and its affiliates, or a facility based carrier operating between service areas and its affiliates providing a connection to intrastate or interstate long-distance services from places including, but not limited to, hotels, motels, hospitals, and customer-owned pay telephones.

        Sec. 2.  Section 3, chapter 91, Laws of 1988 and RCW 80.36.530 are each amended to read as follows:

          In addition to the penalties provided in this title, a violation of RCW 80.36.510 ((or)), 80.36.520, section 4 or 5 of this act constitutes a violation of chapter 19.86 RCW, the consumer protection act.  It shall be presumed that damages to the consumer are equal to the cost of the service provided plus two hundred dollars. Additional damages must be proved.

NEW SECTION. Sec. 3.  A new section is added to chapter 80.36 RCW to read as follows:

          All companies providing alternate operator services within the state shall register with the commission as a telecommunications company before providing alternate operator services.  The commission may deny an application for registration of an alternate operator services company if, after a hearing, it finds that the company will not provide beneficial telecommunications service to consumers in the state.  The commission may suspend the registration of an alternate operator services company if, after a hearing, it finds that the company does not meet the service or disclosure requirements of the commission.  A civil penalty shall be imposed by the court of not less than five hundred dollars nor more than one thousand dollars per day on an alternate operator services company that provides service without being properly registered with the commission.

NEW SECTION. Sec. 4.  A new section is added to chapter 80.36 RCW to read as follows:

          The commission shall require all telecommunications companies operating in the state as alternate operator services companies to maintain a listing of all locations where the company provides alternate operator services.  Alternate operator services companies shall be required to place the toll-free telephone number of the commission on each device using the alternate operator services of the company and shall be required to orally inform a customer of the procedure to place a call with a facility based carrier operating between service areas.

NEW SECTION. Sec. 5.  A new section is added to chapter 80.36 RCW to read as follows:

          The commission shall adopt rules that provide for minimum service levels for companies providing alternate operator services.  The rules shall provide a means for suspending the registration of a company providing alternate operator services if the company fails to meet minimum service levels or if the company fails to provide appropriate disclosure to consumers of the protection afforded under this chapter.