BP BHEAD INT S

AN ACT Relating to information and telecommunications policy; amending RCW 80.04.010, 80.36.430, 28A.530.010, 43.105.052, 19.27.078, and 43.63A.320; adding new sections to chapter 80.36 RCW; adding new sections to chapter 35.21 RCW; adding new sections to chapter 35A.21 RCW; adding new sections to chapter 36.32 RCW; adding a new section to chapter 54.04 RCW; adding new sections to chapter 23.86 RCW; adding a new section to chapter 36.70A RCW; adding a new section to chapter 79.08 RCW; adding new sections to chapter 43.17 RCW; adding new sections to chapter 28A.300 RCW; adding new sections to chapter 28B.80 RCW; adding new sections to chapter 28B.50 RCW; adding a new section to chapter 28A.150 RCW; adding new sections to chapter 38.52 RCW; adding a new section to chapter 43.22 RCW; adding a new section to chapter 80.28 RCW; adding a new section to chapter 54.16 RCW; creating new sections; prescribing penalties; providing an effective date; and providing an expiration date.

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

NEW SECTION. Sec. 1. The legislature finds that advanced telecommunications systems will bring significant benefits to the people of the state of Washington, including economic development, improved health care, public safety, and expanded educational and governmental services, and that state policy should encourage deployment of advanced services by providing appropriate regulation which fosters full and fair competition, removes undue regulatory barriers to market entry by communications service providers, encourages development of advanced telecommunications infrastructure in all areas, including rural areas, avoids duplications of state-owned communications facilities, and extends consumer protection standards to users of various advanced systems.

CREATING PARITY AMONG COMMUNICATIONS SERVICE PROVIDERS

NEW SECTION. Sec. 2. A new section is added to chapter 80.36 RCW to read as follows:

The commission shall adopt policies that promote open and standardized access to telecommunications networks and systems.

NEW SECTION. Sec. 3. A new section is added to chapter 35.21 RCW to read as follows:

No city or town, or public corporation of which it has an ownership interest, may impose terms and conditions for use of utility poles or rights of way by any telecommunications company, as defined by RCW 80.04.010, that are less favorable or more burdensome than terms and conditions imposed upon any other telecommunications company. Nothing in this section affects the authority of a city or town to set terms and conditions for use of poles or rights of way by cable television systems or other companies that are not telecommunications companies under RCW 80.04.010.

NEW SECTION. Sec. 4. A new section is added to chapter 35A.21 RCW to read as follows:

No code city, or public corporation of which it has an ownership interest, may impose terms and conditions for use of utility poles or rights of way by any telecommunications company, as defined by RCW 80.04.010, that are less favorable or more burdensome than terms and conditions imposed upon any other telecommunications company. Nothing in this section affects the authority of a code city to set terms and conditions for use of poles or rights of way by cable television systems or other companies that are not telecommunications companies under RCW 80.04.010.

NEW SECTION. Sec. 5. A new section is added to chapter 36.32 RCW to read as follows:

No county, or public corporation of which it has an ownership interest, may impose terms and conditions for use of utility poles or rights of way by any telecommunications company, as defined by RCW 80.04.010, that are less favorable or more burdensome than terms and conditions imposed upon any other telecommunications company. Nothing in this section affects the authority of a county to set terms and conditions for use of poles or rights of way by cable television systems or other companies that are not telecommunications companies under RCW 80.04.010.

NEW SECTION. Sec. 6. A new section is added to chapter 54.04 RCW to read as follows:

No public utility district may impose terms and conditions for use of utility poles or rights-of-way by any telecommunications company, as defined by RCW 80.04.010, that are less favorable or more burdensome than terms and conditions imposed upon any other telecommunications company. Nothing in this section affects the authority of a public utility district to set terms and conditions for use of poles or rights of way by cable television systems or other companies that are not telecommunications companies under RCW 80.04.010.

NEW SECTION. Sec. 7. A new section is added to chapter 23.86 RCW to read as follows:

No rural electric cooperative or mutual electric association may impose terms and conditions for use of utility poles or rights of way by any telecommunications company, as defined by RCW 80.04.010, that are less favorable or more burdensome than terms and conditions imposed upon any other telecommunications company. Nothing in this section affects the authority of a rural electric cooperative or a mutual electric association to set terms and conditions for use of poles or rights of way by cable television systems or other companies that are not telecommunications companies under RCW 80.04.010.

Sec. 8. RCW 80.04.010 and 1991 c 100 s 1 are each amended to read as follows:

As used in this title, unless specifically defined otherwise or unless the context indicates otherwise:

"Automatic location identification" means a system by which the name and address, or other location information associated with the calling party's telephone number, is forwarded to a public safety answering point for display, and may include additional requirements pursuant to rules adopted under RCW 43.63A.320(5).

"Automatic number identification" means a system that allows for the automatic display of the seven-digit number used to place a 911 call, or a different seven-digit number associated with the location of the caller to which a return call can be made from the public switched network.

"Cable television company" includes every corporation, company, association, joint stock association, partnership and person, their lessees, trustees, or receivers appointed by any court, and every city or town, owning, controlling, operating or managing a cable television system within this state.

"Commission" means the utilities and transportation commission.

"Commissioner" means one of the members of such commission.

"Competitive telecommunications company" means a telecommunications company which has been classified as such by the commission pursuant to RCW 80.36.320.

"Competitive telecommunications service" means a service which has been classified as such by the commission pursuant to RCW 80.36.330.

"Corporation" includes a corporation, company, association or joint stock association.

"Person" includes an individual, a firm or partnership.

"Gas plant" includes all real estate, fixtures and personal property, owned, leased, controlled, used or to be used for or in connection with the transmission, distribution, sale or furnishing of natural gas, or the manufacture, transmission, distribution, sale or furnishing of other type gas, for light, heat or power.

"Gas company" includes every corporation, company, association, joint stock association, partnership and person, their lessees, trustees or receiver appointed by any court whatsoever, and every city or town, owning, controlling, operating or managing any gas plant within this state.

"Electric plant" includes all real estate, fixtures and personal property operated, owned, used or to be used for or in connection with or to facilitate the generation, transmission, distribution, sale or furnishing of electricity for light, heat, or power for hire; and any conduits, ducts or other devices, materials, apparatus or property for containing, holding or carrying conductors used or to be used for the transmission of electricity for light, heat or power.

"Electrical company" includes any corporation, company, association, joint stock association, partnership and person, their lessees, trustees or receivers appointed by any court whatsoever (other than a railroad or street railroad company generating electricity solely for railroad or street railroad purposes or for the use of its tenants and not for sale to others), and every city or town owning, operating or managing any electric plant for hire within this state. "Electrical company" does not include a company or person employing a cogeneration facility solely for the generation of electricity for its own use or the use of its tenants or for sale to an electrical company, state or local public agency, municipal corporation, or quasi municipal corporation engaged in the sale or distribution of electrical energy, but not for sale to others, unless such company or person is otherwise an electrical company.

"LATA" means a local access transport area as defined by the commission in conformance with applicable federal law.

"Private telecommunications system" means a telecommunications system controlled by a person or entity for the sole and exclusive use of such person, entity, or affiliate thereof, including the provision of private shared telecommunications services by such person or entity. "Private telecommunications system" does not include a system offered for hire, sale, or resale to the general public.

"Private shared telecommunications services" includes the provision of telecommunications and information management services and equipment within a user group located in discrete private premises in building complexes, campuses, or high-rise buildings, by a commercial shared services provider or by a user association, through privately owned customer premises equipment and associated data processing and information management services and includes the provision of connections to the facilities of a local exchange and to interexchange telecommunications companies.

"Radio communications service company" includes every corporation, company, association, joint stock association, partnership, and person, their lessees, trustees, or receivers appointed by any court, and every city or town making available facilities to provide radio communications service, radio paging, or cellular communications service for hire, sale, or resale.

"Telecommunications company" includes every corporation, company, association, joint stock association, partnership and person, their lessees, trustees or receivers appointed by any court whatsoever, and every city or town owning, operating or managing any facilities used to provide telecommunications for hire, sale, or resale to the general public within this state.

"Noncompetitive telecommunications service" means any service which has not been classified as competitive by the commission.

"Facilities" means lines, conduits, ducts, poles, wires, cables, cross-arms, receivers, transmitters, instruments, machines, appliances, instrumentalities and all devices, real estate, easements, apparatus, property and routes used, operated, owned or controlled by any telecommunications company to facilitate the provision of telecommunications service.

"Telecommunications" is the transmission of information by wire, radio, optical cable, electromagnetic, or other similar means. As used in this definition, "information" means knowledge or intelligence represented by any form of writing, signs, signals, pictures, sounds, or any other symbols.

"Water system" includes all real estate, easements, fixtures, personal property, dams, dikes, head gates, weirs, canals, reservoirs, flumes or other structures or appliances operated, owned, used or to be used for or in connection with or to facilitate the supply, storage, distribution, sale, furnishing, diversion, carriage, apportionment or measurement of water for power, irrigation, reclamation, manufacturing, municipal, domestic or other beneficial uses for hire.

"Water company" includes every corporation, company, association, joint stock association, partnership and person, their lessees, trustees or receivers appointed by any court whatsoever, and every city or town owning, controlling, operating, or managing any water system for hire within this state: PROVIDED, That for purposes of commission jurisdiction it shall not include any water system serving less than one hundred customers where the average annual gross revenue per customer does not exceed three hundred dollars per year, which revenue figure may be increased annually by the commission by rule adopted pursuant to chapter 34.05 RCW to reflect the rate of inflation as determined by the implicit price deflator of the United States department of commerce: AND PROVIDED FURTHER, That such measurement of customers or revenues shall include all portions of water companies having common ownership or control, regardless of location or corporate designation. "Control" as used herein shall be defined by the commission by rule and shall not include management by a satellite agency as defined in chapter 70.116 RCW if the satellite agency is not an owner of the water company. "Water company" also includes, for auditing purposes only, nonmunicipal water systems which are referred to the commission pursuant to an administrative order from the department, or the city or county as provided in RCW 80.04.110. However, water companies exempt from commission regulation shall be subject to the provisions of chapter 19.86 RCW. A water company cannot be removed from regulation except with the approval of the commission. Water companies subject to regulation may petition the commission for removal from regulation if the number of customers falls below one hundred or the average annual revenue per customer falls below three hundred dollars. The commission is authorized to maintain continued regulation if it finds that the public interest so requires.

"Cogeneration facility" means any machinery, equipment, structure, process, or property, or any part thereof, installed or acquired for the primary purpose of the sequential generation of electrical or mechanical power and useful heat from the same primary energy source or fuel.

"Public service company" includes every gas company, electrical company, telecommunications company, and water company. Ownership or operation of a cogeneration facility does not, by itself, make a company or person a public service company.

"Local exchange company" means a telecommunications company providing local exchange telecommunications service.

"Department" means the department of health.

The term "service" is used in this title in its broadest and most inclusive sense.

NEW SECTION. Sec. 9. A new section is added to chapter 80.36 RCW to read as follows:

If a cable television company provides services that allow a customer to electronically interact with the cable system to access programming or services unavailable in standard one-way broadcast packages, it shall inform the commission of the extent of programming and service options available to customers and the terms and conditions of such options.

NEW SECTION. Sec. 10. A new section is added to chapter 36.70A RCW to read as follows:

As used in RCW 36.70A.070, "existing and proposed utilities" includes cellular and wireless communications towers and antennas.

NEW SECTION. Sec. 11. A new section is added to chapter 79.08 RCW to read as follows:

By October 1, 1994, the department of natural resources shall adopt rules that provide for an expedited transfer of permits when facilities of wireless or cellular telecommunications transmission located on lands administered by the department are transferred under the same conditions to a new owner.

NEW SECTION. Sec. 12. A new section is added to chapter 80.36 RCW to read as follows:

(1) The legislature declares that telecommunications companies need to be given the equivalent incentives given in other states to invest in new technology and equipment and replace obsolete equipment and plants.

(2) By December 1, 1994, the commission shall adopt the capital recovery schedule used by the federal communications commission for any local exchange telephone company within this state that is also subject to the jurisdiction of the federal communications commission. The commission shall not approve a rate increase that is directly attributable to the capital recovery schedule adopted in this section.

(3) The commission may adopt tariffs for a local exchange company that allows special rates for educational institutions, medical facilities, and libraries based on a cost of service plus a set rate of return.

(4) The commission shall review the effects of this section and report to the energy and utilities committees of the senate and the house of representatives by December 1, 1996.

NEW SECTION. Sec. 13. A new section is added to chapter 80.36 RCW to read as follows:

The universal telecommunications service task force is created, consisting of the chair or a designee of the utilities and transportation commission, the director or a designee of department of community, trade, and economic development, the director or a designee of the department of information services, and a representative of the public counsel section from the office of attorney general. The utilities and transportation commission shall serve as lead agency of the task force. The universal telecommunications service task force shall annually review and determine the definition of universal telecommunications service. Beginning December 1, 1994, the task force shall annually report its findings to the energy and utilities committees of the house of representatives and the senate. In reviewing universal telecommunications service, the task force shall hold at least one annual public forum on the subject. When reviewing and reporting on universal service issues, the task force may include specific services, quality of service standards, percentages of service availability, universal service funds, and other factors relating to telecommunications.

NEW SECTION. Sec. 14. A new section is added to chapter 80.36 RCW to read as follows:

The universal service advisory committee is created to advise and assist the universal service task force in defining and reviewing the parameters of universal telecommunications service. The chair of the commission shall appoint members of the committee who are representatives of large local exchange companies, small local exchange companies, cable television companies, wireless communications providers, direct broadcast satellite information providers, enhanced 911 service providers, the department of social and health services, energy utilities, providers of telecommunications equipment, libraries, and the general public.

NEW SECTION. Sec. 15. A new section is added to chapter 80.36 RCW to read as follows:

The commission may establish competitive geographic zones with distinct boundaries in which all telecommunications companies providing services may be declared competitive and subject to minimal regulation as to operations within the competitive geographic zone. "Minimal regulation" is defined in RCW 80.36.320(2). The commission may set terms and conditions of a competitive geographic zone.

NEW SECTION. Sec. 16. A new section is added to chapter 80.36 RCW to read as follows:

(1) The legislature declares that it is the policy of the state to ensure reasonable and affordable local calling areas that provide citizens with the ability to reach basic business, government, and human services. The legislature further finds that it is in the public interest to extend the telephone assistance plan to effect the transition to expanded calling areas.

(2) In ordering the expansion of local calling area routes, the commission may provide for the recovery of the associated costs, including but not limited to lost toll or access revenue, engineering costs, and construction costs, in a manner that produces fair, just, and reasonable rates. In providing for the recovery of costs under this section, the commission may use funds in the telephone assistance fund.

(3) The commission shall review this program and report to the energy and utilities committees of the senate and the house of representatives by January 1, 1998.

Sec. 17. RCW 80.36.430 and 1990 c 170 s 3 are each amended to read as follows:

The Washington telephone assistance program shall be funded by a telephone assistance excise tax on all switched access lines and by funds from any federal government or other programs for this purpose. Switched access lines are defined in RCW 82.14B.020. The telephone assistance excise tax shall be applied equally to all residential and business access lines not to exceed fourteen cents per month. The telephone assistance excise tax shall be separately identified on each ratepayer's bill as the "Washington telephone assistance program." All money collected from the telephone assistance excise tax shall be transferred to a telephone assistance fund administered by the ((~~department~~)) commission. Local exchange companies shall bill the fund for their expenses incurred in offering the telephone assistance program, including administrative and program expenses. The department shall disburse the money to the local exchange companies. The department is exempted from having to conclude a contract with local exchange companies in order to effect this reimbursement. The department shall recover its administrative costs from the fund. The ((~~department~~)) commission may specify by rule the manner, range, and extent of administrative and program expenses that will be reimbursed to local exchange companies.

NEW SECTION. Sec. 18. (1) The legislature finds that as traditional roles for telecommunications are blurred by increased competition due to regulatory changes and market forces, the taxation policies of telecommunications providers need to be analyzed to determine if changes should be made to the levels and methods of taxation so that the existing tax structure does not provide distinct advantages or disadvantages to various telecommunications providers.

(2) The Washington utilities and transportation commission, with the assistance of the department of revenue, shall conduct a study of the taxation and assessment of telecommunications companies property, equipment, and services, including cable television companies. The study shall focus on methods to create uniformity in the taxation of telecommunications providers. The study shall include an inventory of all types of state and local taxes paid including, but not limited to, utility taxes, property taxes, sales and use taxes, and per-line charges paid to the state and local governments.

(3) The Washington utilities and transportation commission shall form an advisory committee to provide guidance and advice for the study. The advisory committee shall include, but need not be limited to, persons representing local exchange companies, interexchange companies, competitive access providers, cable television companies, cellular communications companies, tax specialists, city and county governments, emergency response agencies, large and small businesses, and the public.

(4) The department of revenue shall present an interim report of the findings of the study to the committees of the legislature that deal with revenue matters, and the energy and utilities committees, no later than December 1, 1994, and shall present a final report to the same committees no later than December 1, 1995.

FACILITATING DEPLOYMENT OF GOVERNMENT SERVICES

Sec. 19. RCW 28A.530.010 and 1991 c 114 s 3 are each amended to read as follows:

The board of directors of any school district may borrow money and issue negotiable bonds therefor for the purpose of:

(1) Funding outstanding indebtedness or bonds theretofore issued; or

(2) For the purchase of sites for all buildings, playgrounds, physical education and athletic facilities and structures authorized by law or necessary or proper to carry out the functions of a school district; or

(3) For erecting all buildings authorized by law, including but not limited to those mentioned in subsection (2) of this section immediately above or necessary or proper to carry out the functions of a school district, and providing the necessary furniture, apparatus, or equipment therefor; or

(4) For improving the energy efficiency of school district buildings and/or installing systems and components to utilize renewable and/or inexhaustible energy resources; or

(5) For major and minor structural changes and structural additions to buildings, structures, facilities and sites necessary or proper to carrying out the functions of the school district; or

(6) For upgrading or replacing the computer software for personal computers or software for computer networks within a school district; or

(7) For any or all of these and other capital purposes.

Neither the amount of money borrowed nor bonds issued therefor shall exceed the limitation of indebtedness prescribed by chapter 39.36 RCW, as now or hereafter amended.

Except for bonds issued under RCW 28A.530.080, bonds may be issued only when authorized by the vote of the qualified electors of the district as provided by law.

The bonds shall be issued and sold in accordance with chapter 39.46 RCW.

Sec. 20. RCW 43.105.052 and 1993 c 281 s 53 are each amended to read as follows:

The department shall:

(1) Perform all duties and responsibilities the board delegates to the department, including but not limited to:

(a) The review of agency acquisition plans and requests; and

(b) Implementation of state-wide and interagency policies, standards, and guidelines;

(2) Make available information services to state agencies and local governments on a full cost-recovery basis. These services may include, but are not limited to:

(a) Telecommunications services for voice, data, and video;

(b) Mainframe computing services;

(d) Equipment acquisition assistance, including leasing, brokering, and establishing master contracts;

(e) Facilities management services for information technology equipment, equipment repair, and maintenance service;

(f) Negotiation with local cable companies and local governments to provide for connection to local cable services to allow for access to these public and educational channels in the state;

(g) Office automation services;

(h) System development services; and

(i) Training.

These services are for discretionary use by customers and customers may elect other alternatives for service if those alternatives are more cost-effective or provide better service. Agencies may be required to use the backbone network portions of the telecommunications services during an initial start-up period not to exceed three years;

(3) Establish rates and fees for services provided by the department to assure that the services component of the department is self-supporting. A billing rate plan shall be developed for a two-year period to coincide with the budgeting process. The rate plan shall be subject to review at least annually by the customer oversight committees. The rate plan shall show the proposed rates by each cost center and will show the components of the rate structure as mutually determined by the department and the customer oversight committees. The same rate structure will apply to all user agencies of each cost center. The rate plan and any adjustments to rates shall be approved by the office of financial management. The services component shall not subsidize the operations of the planning component;

(4) With the advice of the information services board and agencies, develop a state strategic information technology plan and performance reports as required under RCW 43.105.160;

(5) Develop plans for the department's achievement of state-wide goals and objectives set forth in the state strategic information technology plan required under RCW 43.105.160. These plans shall address such services as telecommunications, central and distributed computing, local area networks, office automation, and end user computing. The department shall seek the advice of customer oversight committees and the board in the development of these plans;

(6) Under direction of the information services board and in collaboration with the department of personnel, and other agencies as may be appropriate, develop training plans and coordinate training programs that are responsive to the needs of agencies;

(7) Identify opportunities for the effective use of information services and coordinate appropriate responses to those opportunities;

(8) Assess agencies' projects, acquisitions, plans, or overall information processing performance as requested by the board, agencies, the director of financial management, or the legislature. Agencies may be required to reimburse the department for agency-requested reviews;

(9) Develop planning, budgeting, and expenditure reporting requirements, in conjunction with the office of financial management, for agencies to follow;

(10) Assist the office of financial management with budgetary and policy review of agency plans for information services;

(11) Provide staff support from the planning component to the board for:

(a) Meeting preparation, notices, and minutes;

(b) Promulgation of policies, standards, and guidelines adopted by the board;

(d) Conducting reviews and assessments as directed by the board;

(12) Be the lead agency in coordinating video telecommunications services for all state agencies and develop, pursuant to board policies, standards and common specifications for leased and purchased telecommunications equipment. The department shall not evaluate the merits of school curriculum, higher education course offerings, or other education and training programs proposed for transmission and/or reception using video telecommunications resources. Nothing in this section shall abrogate or abridge the legal responsibilities of licensees of telecommunications facilities as licensed by the federal communication commission on March 27, 1990; and

(13) Inventory all state-owned and state-leased high capacity telecommunications backbone networks and systems and report on the findings of such inventory to the energy and utilities committees of the house of representatives and the senate by January 16, 1995. The inventory shall include state agencies, state institutions of higher education, school districts, and other political subdivisions of the state as determined by the director. The report shall include recommendations on methods to maximize efficient use of existing and planned state-owned and state-leased telecommunications backbone networks and systems.

(14) Perform all other matters and things necessary to carry out the purposes and provisions of this chapter.

NEW SECTION. Sec. 21. A new section is added to chapter 43.17 RCW to read as follows:

By December 1, 1994, the chief executive officer of each state agency shall inform the director of the department of information services of all existing or planned backbone communications systems owned or leased by the agency. "Backbone communication system" means specially conditioned high-speed communications carrier lines, multiplexors, digital switches, headends, and any equipment and software components necessary for management and control of a backbone network.

NEW SECTION. Sec. 22. A new section is added to chapter 43.17 RCW to read as follows:

Whenever a state agency installs or leases a significant amount of backbone communications plant or equipment, the chief executive officer of the state agency shall inform the director of the department of information services of the amount and type of plant or equipment installed, the planned uses of the equipment or plant, and any excess capacity of equipment or plant.

NEW SECTION. Sec. 23. A new section is added to chapter 28A.300 RCW to read as follows:

By December 1, 1994, the superintendent of public instruction shall inform the director of the department of information services of all existing or planned backbone communications systems of school districts in the state. "Backbone communication system" means specially conditioned high-speed communications carrier lines, multiplexors, digital switches, headends, and any equipment and software components necessary for management and control of a backbone network.

NEW SECTION. Sec. 24. A new section is added to chapter 28A.300 RCW to read as follows:

Whenever a school district installs or leases a significant amount of backbone communications plant or equipment, the superintendent of public instruction shall inform the director of the department of information services of the amount and type of plant or equipment installed, the planned uses of the equipment or plant, and any excess capacity of equipment or plant.

NEW SECTION. Sec. 25. A new section is added to chapter 28B.80 RCW to read as follows:

By December 1, 1994, the board shall inform the director of the department of information services of all existing or planned backbone communications systems of four-year institutions in the state. "Backbone communication system" means specially conditioned high-speed communications carrier lines, multiplexors, digital switches, headends, and any equipment and software components necessary for management and control of a backbone network.

NEW SECTION. Sec. 26. A new section is added to chapter 28B.80 RCW to read as follows:

Whenever a four-year institution installs or leases a significant amount of backbone communications plant or equipment, the board shall inform the director of the department of information services of the amount and type of plant or equipment installed, the planned uses of the equipment or plant, and any excess capacity of equipment or plant.

NEW SECTION. Sec. 27. A new section is added to chapter 28B.50 RCW to read as follows:

By December 1, 1994, the college board shall inform the director of the department of information services on all existing or planned backbone communications systems of community and technical colleges in the state. "Backbone communication system" means specially conditioned high-speed communications carrier lines, multiplexors, digital switches, headends, and any equipment and software components necessary for management and control of a backbone network.

NEW SECTION. Sec. 28. A new section is added to chapter 28B.50 RCW to read as follows:

Whenever a community or technical college installs or leases a significant amount of backbone communications plant or equipment, the college board shall inform the director of the department of information services of the amount and type of plant or equipment installed, the planned uses of the equipment or plant, and any excess capacity of equipment or plant.

Sec. 29. RCW 19.27.078 and 1989 c 266 s 4 are each amended to read as follows:

(1) The state building code council shall contract with a private entity to conduct a study and analysis of the codes referred to in RCW 19.27.031 and related regulations of state and local agencies to ascertain the amount and nature of any conflict and inconsistencies. The findings and proposed solutions resulting from this study and analysis shall be submitted to the state building code council no later than September 1, 1987. The state building code council shall consider these findings and proposed solutions when carrying out its responsibilities under RCW 19.27.074.

(2) The state building code council shall conduct a study of county and city enforcement of the requirements of the codes to which reference is made in RCW 19.27.031. In conducting the study, the council shall conduct public hearings at designated council meetings to seek input from interested individuals and organizations. The findings of the study shall be submitted in a report to the governor and the legislature no later than September 1, 1987.

(3) The study required under subsection (2) of this section shall include, but not be limited to, a review of the impact of discretionary building permit requirements imposed by local code enforcement personnel. This review shall be designed to determine the extent, if any, to which such discretionary requirements are based upon (a) the requirements of the state building code or (b) city or county amendments to the state building code.

(4) The state building code council shall conduct a study to identify and define stand-alone ordinances adopted by counties and cities that add or alter construction requirements to buildings and structures built under the codes enumerated in RCW 19.27.031, as adopted and amended by the state building code council. In conducting the study, the council shall consult with representatives from counties, cities, home builders, architects, building officials, and fire officials. To aid in data collection, local governments shall submit fire suppression ordinances, as defined by the state building code council, in effect on March 31, 1989, to the state building code council. The findings of the study shall be submitted in a written report to the house of representatives committee on housing and the senate governmental operations committee no later than November 1, 1989.

(5) The study required under subsection (4) of this section shall include, but not be limited to, a review of ordinances or regulations adopted by counties and cities that add or alter construction requirements to buildings and structures built under the codes enumerated in RCW 19.27.031.

(6) The state building code council shall conduct a study on the feasibility of adopting standards for equipment and procedures relating to the wiring of new residential and new commercial structures for internal telecommunications networks that include copper wires, coaxial cable, fiber optic cable, or other transmission media. The council shall report the findings of the study to the energy and utilities committees of the house of representatives and the senate by January 16, 1995, and shall include recommendations for legislative action.

NEW SECTION. Sec. 30. The legislature finds that citizens of the state increasingly rely on the dependability of enhanced 911, a system that allows the person answering an emergency call to immediately determine the location of the emergency without the need of the caller to speak. The legislature further finds that in some cases, calls made from telephones connected to private telephone systems may not be precisely located by the answerer, eliminating some of the benefit of enhanced 911, and that this condition could additionally imperil citizens calling from these locations in an emergency. The legislature also finds that until national standards have been developed to address this condition, information-forwarding requirements should be mandated for only those settings with the most risk, including schools, residences, and some business settings.

NEW SECTION. Sec. 31. A new section is added to chapter 80.36 RCW to read as follows:

By January 1, 1996, an owner of a private telecommunications system that provides service to residential customers shall ensure that the telecommunications system is connected to the public switched network such that calls to 911 result in automatic location identification for each residential unit in a format that is compatible with the existing or planned county enhanced 911 system.

NEW SECTION. Sec. 32. A new section is added to chapter 28A.150 RCW to read as follows:

By January 1, 1996, a school district with a private telecommunications system shall ensure that the telecommunications system is connected to the public switched network such that calls to 911 result in automatic location identification for each telephone in a format that is compatible with the existing or planned county enhanced 911 system.

NEW SECTION. Sec. 33. A new section is added to chapter 80.36 RCW to read as follows:

By January 1, 1996, a provider of private shared telecommunications services to multiple business users from a single system shall ensure that the system is connected to the public switched network such that calls to 911 result in automatic location identification for each telephone in a format that is compatible with the existing or planned county enhanced 911 system. This section applies only to providers of service to businesses containing a physical area exceeding twenty-five thousand square feet, or businesses on more than one floor of a building, or businesses in multiple buildings.

NEW SECTION. Sec. 34. A new section is added to chapter 35.21 RCW to read as follows:

No city or town may enact or enforce an ordinance or regulation mandating automatic number identification or automatic location identification for a private telecommunications system or for a provider of private shared telecommunications services.

NEW SECTION. Sec. 35. A new section is added to chapter 35A.21 RCW to read as follows:

No code city may enact or enforce an ordinance or regulation mandating automatic number identification or automatic location identification for a private telecommunications system or for a provider of private shared telecommunications services.

NEW SECTION. Sec. 36. A new section is added to chapter 36.32 RCW to read as follows:

No county may enact or enforce an ordinance or regulation mandating automatic number identification or automatic location identification for a private telecommunications system or for a provider of private shared telecommunications services.

NEW SECTION. Sec. 37. A new section is added to chapter 38.52 RCW to read as follows:

The state enhanced 911 coordination office may develop and implement public education materials regarding the capability of specific equipment used as part of a private telecommunications system or in the provision of private shared telecommunications services to forward automatic location identification and automatic number identification.

NEW SECTION. Sec. 38. A new section is added to chapter 38.52 RCW to read as follows:

The state enhanced 911 coordination office and the enhanced 911 advisory committee may participate in efforts to set uniform national standards for automatic number identification and automatic location identification data transmission for private telecommunications systems and private shared telecommunications services. If the enhanced 911 advisory committee determines that such uniform national standards have not been developed by January 1, 1996, the enhanced 911 advisory committee may begin efforts to develop and recommend data transmission standards to the legislature.

NEW SECTION. Sec. 39. A new section is added to chapter 43.22 RCW to read as follows:

The department of labor and industries shall adopt rules that require owners of private telecommunications systems and providers of private shared telecommunications services to advise users of the dialing procedures necessary to access 911 emergency service and advise users of the extent to which automatic location information is transmitted when using 911 emergency service. Such rules shall provide for advising users on at least an annual basis, and may include the use of designated adhesive labels for telephone sets.

Sec. 40. RCW 43.63A.320 and 1993 c 280 s 69 are each amended to read as follows:

Except for matters relating to the statutory duties of the director of community, trade, and economic development which are to be carried out through the director of fire protection, the board shall have the responsibility of developing a comprehensive state policy regarding fire protection services. In carrying out its duties, the board shall:

(1) Adopt a state fire protection master plan;

(2) Monitor fire protection in the state and develop objectives and priorities to improve fire protection for the state's citizens;

(3) Establish and promote state arson control programs and ensure development of local arson control programs;

(4) Provide representation for local fire protection services to the governor in state-level fire protection planning matters such as, but not limited to, hazardous materials;

(5) Recommend to the director of community, trade, and economic development rules on minimum data requirements of automatic location identification for the purposes of enhanced 911 emergency service;

(6) Seek and solicit grants, gifts, bequests, devices, and matching funds for use in furthering the objectives and duties of the board, and establish procedures for administering them;

((~~(6)~~)) (7) Promote mutual aid and disaster planning for fire services in this state;

((~~(7)~~)) (8) Assure the dissemination of information concerning the amount of fire damage including that damage caused by arson, and its causes and prevention;

((~~(8)~~)) (9) Submit annually a report to the governor containing a statement of its official acts pursuant to this chapter, and make such studies, reports, and recommendations to the governor and the legislature as are requested;

((~~(9)~~)) (10) Adopt a state fire training and education master plan;

((~~(10)~~)) (11) Develop and adopt a master plan for the construction, equipping, maintaining, and operation of necessary fire service training and education facilities, but the authority to construct, equip, and maintain such facilities is subject to chapter 43.19 RCW;

((~~(11)~~)) (12) Develop and adopt a master plan for the purchase, lease, or other acquisition of real estate necessary to establish and operate fire service training and education facilities in a manner provided by law;

((~~(12)~~)) (13) Adopt standards for state-wide fire service training and education courses including courses in arson detection and investigation for personnel of fire, police, and prosecutor's departments;

((~~(13)~~)) (14) Assure the administration of any legislation enacted by the legislature in pursuance of the aims and purposes of any acts of Congress insofar as the provisions thereof may apply;

((~~(14)~~)) (15) Cooperate with the common schools, community colleges, institutions of higher education, and any department or division of the state, or of any county or municipal corporation in establishing and maintaining instruction in fire service training and education in accordance with any act of Congress and legislation enacted by the legislature in pursuance thereof and in establishing, building, and operating training and education facilities.

This section does not apply to forest fire service personnel and programs. Industrial fire departments and private fire investigators may participate in training and education programs under this chapter for a reasonable fee established by rule.

NEW SECTION. Sec. 41. The legislature finds that cable services play an important role in providing residents of Washington's rural areas with valuable information from diverse sources, including news, weather, entertainment, and educational programming from local and national programming services. The legislature further finds that technology exists to make cable capable of offering enhanced services, such as interactive video and high-speed data transmissions, that will further benefit citizens of rural areas.

NEW SECTION. Sec. 42. Franchising authorities are authorized to adopt ordinances and rules, or establish franchise terms, that create incentives for deployment of cable systems in areas unserved by any cable operator. Such incentives may include periodic rebates to cable operators of an amount up to twice the amount of that portion of a customer's cable bill which is allocated to franchise fees, if the customer resides in an area in which cable service is unavailable prior to the effective date of this section.

NEW SECTION. Sec. 43. Franchising authorities may establish any other terms and conditions for cable operators that are more favorable than those imposed on other cable operators within the same jurisdiction if the franchising authority determines that such favorable treatment will promote development of cable systems in unserved areas. However, in no instance may a franchising authority establish terms and conditions that fail to conform to the minimal standards set forth in sections 49 through 62 of this act.

NEW SECTION. Sec. 44. An incentive program adopted pursuant to this section must contain an expiration date of no later than five years from the date of the ordinance, rule, or franchise agreement, although nothing in this section prohibits a franchise authority from renewing an incentive program at its discretion after a review of the existing program's effectiveness.

NEW SECTION. Sec. 45. A new section is added to chapter 80.28 RCW to read as follows:

The commission shall adopt policies that encourage electric and gas companies to deploy high-capacity telecommunications equipment and plant in projects that allow customer end-use metering or demand-side management or modifications to energy consumption. The commission shall require that an electric or gas utility allow open access to any excess high-capacity telecommunications capacity to information providers on a standard and nondiscriminatory basis subject to commission guidelines.

NEW SECTION. Sec. 46. A new section is added to chapter 54.16 RCW to read as follows:

A district may construct, acquire, add to, maintain, and operate high-capacity telecommunications equipment and plant for the primary purpose of customer end-use metering or demand-side management or modifications to energy consumption. A district shall allow open access to any excess telecommunications capacity to information providers on a standard and nondiscriminatory basis subject to guidelines adopted by the district commission. Prices or rates charged to information providers for services shall, at a minimum, cover their costs.

NEW SECTION. Sec. 47. A new section is added to chapter 23.86 RCW to read as follows:

A rural electric cooperative or mutual electric association doing business in this state for the primary purpose of providing electricity to its members may deploy high-capacity telecommunications equipment and plant for the primary purpose of customer end-use metering or demand-side management or modifications to energy consumption. A rural electric cooperative or mutual electric association shall allow any excess capacity on such a system to be used by other providers of information, subject to standard rates and limitations set by the board of the rural electric cooperative or mutual electric association. Prices or rates charged to information providers for services shall, at a minimum, cover their costs.

CONSUMER PROTECTION STANDARDS

NEW SECTION. Sec. 48. The legislature finds that local governments are in the best position to address health, safety, and aesthetic concerns related to installation and construction of cable systems, to assess the demands of local consumers, and to monitor local cable operations. The legislature declares that it is the policy in Washington that local city, town, code city, and county governments have the primary role in franchising cable systems, establishing franchise fees, establishing terms and conditions for cable operators' use of public rights of way, and enforcing laws and ordinances applicable to cable operators. It is also the policy in Washington to ensure that cities, towns, code cities, and counties have sufficient resources, information, and expertise available to set policy, adopt rules, regulate rates, and negotiate franchise terms with regard to cable systems. The legislature finds that cooperative efforts among cities, towns, and counties in regulating cable television have provided economic efficiencies, greater expertise, and greater availability of resources to negotiate franchise terms and conditions, establish appropriate ordinances, regulate cable rates, and enforce franchise terms and applicable local, state, and federal laws. Local governments are encouraged to share resources and establish cooperative efforts where appropriate.

NEW SECTION. Sec. 49. Sections 49 through 62 of this act are intended to further the states' interest in ensuring that cable operators provide adequate cable television services to subscribers, and to set minimal standards that a cable operator must meet for a cable system located in the state of Washington. If the cable operator acts pursuant to a local ordinance, these standards are mandatory. If the cable operator acts pursuant to a franchise agreement, the standards are mandatory if the local franchising authority has reserved the right to amend the agreement, or if terms are conditioned upon changes in state or local law. These terms are the minimal terms and conditions for any franchise granted by any franchise authority after the effective date of this section. In all other cases, these are minimal suggested guidelines for cable service.

NEW SECTION. Sec. 50. The definitions in this section apply throughout sections 49 through 62 of this act unless the context clearly requires otherwise.

(1) "Cable operator" means any person or group of persons:

(a) Who provides cable service over a cable system and directly or through one or more affiliates owns a significant interest in such a cable system; or

(b) Who otherwise controls or is responsible for, through any arrangement, the management or operation of such a cable system.

(2) "Cable service" means all video programming provided by a cable operator.

(3) "Cable system" or "cable television system" means a facility, consisting of a set of transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service which includes video programming and which is provided to multiple subscribers within a community, but does not include any company that is classified as a "telecommunications company" by chapter 80.36 RCW or any facility that serves only subscribers in one or more multiple unit dwellings under common ownership, control, or management, unless such facility uses a public right of way.

(4) "Channel" means a unit of cable service identified and selected by a channel number or similar designation.

(5) "Local franchising authority" means a city or town, code city, or county, or delegated authority thereof, that regulates cable television services within its jurisdiction.

(6) "Franchise area" means the area in which a cable operator is authorized by a franchise authority to construct and operate a cable system.

(7) "Subscriber" means a recipient of cable service.

NEW SECTION. Sec. 51. (1) Each cable operator shall maintain for the term of the franchise at least one office within the franchise area where customers may conduct business. Representatives of the cable operator must be available upon request in at least the following ways during hours of operation:

(a) To accept payments;

(b) To exchange or accept returned converters and other company equipment;

(d) To schedule and conduct service or repair calls.

(2) A customer service center shall be staffed in such a manner that customers conducting single transactions as set forth in subsection (1) of this section wait in line no longer than fifteen minutes before receiving service.

NEW SECTION. Sec. 52. (1) Each cable operator shall be reachable by a local or toll-free telephone number to receive inquiries about service, equipment, or similar matters.

(2) Each cable operator shall provide the means to accept customer phone calls twenty-four hours a day, seven days a week, including holidays.

(3) The company shall provide a system that is responsive to customer calls with a minimum of delays, including receiving busy signals, being placed "on hold," or receiving a voice-mail system that during normal working hours does not include access to a human operator.

NEW SECTION. Sec. 53. (1) Each cable operator shall acknowledge requests for repairs and maintenance within twenty-four hours. Repair and maintenance for service interruptions or other repairs not requiring on-premises work shall be completed within twenty-four hours under normal operating procedures. All other repairs shall be completed within seventy-two hours under normal circumstances. No charge may be made for repair and maintenance service unless the need for maintenance or repair is due to documentable negligence or abuse of equipment by the customer.

(2) Standard installations shall be completed within seven business days after an order is placed, unless the subscriber's schedule requires alternative arrangements.

(3) Each cable operator shall provide the customer with a specific appointment time, or block of time not to exceed four hours, for customer service appointments. A cable operator shall not cancel an appointment after the close of business the day before an appointment is scheduled. If the cable operator's representative is unable to keep a scheduled appointment for any reason, he or she shall contact the customer and offer another time at the customer's convenience.

NEW SECTION. Sec. 54. (1) A cable operator may disconnect a customer for cause if (a) at least thirty days have elapsed after the due date for payment of the customer's bill, and (b) the cable operator has provided at least seven days' written notice to the affected customer prior to disconnection, specifying the effective date cable services are subject to termination. Such notice shall be separate from the regular monthly billing statement.

(2) The provisions of subsection (1) of this section notwithstanding, a cable operator may disconnect a customer for cause at any time if the company, in good faith, determines that the customer has tampered with or abused equipment of the cable operator, or is engaged in the unlawful theft of cable services.

(3) Fee schedules for disconnection for nonpayment or improper use of equipment and for reconnection to the cable system shall be available to customers upon request.

(4) The cable operator shall promptly disconnect from the cable system any customer who so requests. No period of notice prior to voluntary termination of service may be required of customers by the cable operator. No charge may be imposed by the cable operator for such voluntary disconnection, or for any cable services delivered after the date of the disconnection request.

(5) The cable operator shall refund to the customer any amount collected by the cable operator, less undisputed amounts owed to the cable operator, for cable services paid for before disconnection. Such refunds shall be made no later than the customer's next billing cycle following disconnection and return of equipment, or thirty days, whichever is earlier.

NEW SECTION. Sec. 55. Except for planned service interruptions when customers are provided reasonable notice in advance, upon request of the customer the company shall provide a twenty-four hour credit to the customer's account for a service interruption of four hours or more in any one day during which the customer experienced a disruption or impairment of cable service, unless the interruption or impairment was due to customer negligence or abuse of equipment. Credits shall be issued no later than the customer's next billing cycle following determination that a credit is in fact warranted.

NEW SECTION. Sec. 56. (1) Each cable operator shall itemize all bills to customers, indicating each category of service, equipment, downgrade charges, transaction fees, late charges, and other applicable fees, and the charge for each.

(2) A cable operator is prohibited from offering any service by a negative option.

(3) Each cable operator shall respond to written complaints from subscribers regarding billing disputes within thirty days.

NEW SECTION. Sec. 57. (1) Upon installation of cable service, each cable operator shall provide the customer with information regarding:

(a) Equipment and services currently available, and the rates and charges applicable to each;

(b) The cable operator's policy and procedures for addressing customer complaints;

(c) A toll-free telephone number and address of the cable operator's office to which complaints and inquiries may be reported; and

(d) The cable operator's practices and procedures for protecting subscriber privacy.

(2) The cable operator shall provide customers with at least thirty days' advance written notice of any deletions in programming service or any channel repositions that are within control of the cable operator.

(3) All promotional materials, announcements, and advertising of residential cable service to subscribers and the general public, if price information is listed in any manner, shall clearly and accurately disclose price terms. In the case of pay-per-view or pay-per-event programming, all materials shall clearly and accurately disclose price terms. In the case of telephone orders, the cable operator's representative shall clearly and accurately disclose price terms before taking an order.

NEW SECTION. Sec. 58. The cable operator shall provide customers with at least thirty days' advance written notice of all increases in rates of services, equipment, and other applicable charges.

NEW SECTION. Sec. 59. No cable operator may discriminate against any person in providing cable television service on the basis of race, color, religion, national origin, sex, age, disability, income, or the area in which the person lives.

NEW SECTION. Sec. 60. Each cable system shall make available at least one channel exclusively for local and state originated public, educational, and governmental programming.

NEW SECTION. Sec. 61. A cable operator shall not refer, or cause to be entered, a negative report to any consumer credit reporting agency, association, or bureau unless thirty days have elapsed after sending notice to the customer at the last service address or billing address of record after disconnection has occurred.

NEW SECTION. Sec. 62. The franchising authority and its representatives have the authority, upon reasonable notice, to inspect a cable operator's books, records, reports, summaries, tests, lists, and other items regarding the cable operator's operations within the franchise area that the franchising authority deems necessary to monitor the cable operator's compliance with sections 49 through 62 of this act and other applicable laws and regulations, as well as terms and conditions of a franchise agreement. Such authority includes, but is not limited to, the right to audit a cable operator's books and records and to inspect and test a cable operator's technical facilities.

NEW SECTION. Sec. 63. (1) In addition to the provisions contained in RCW 19.56.020 and 19.56.030, and chapter 19.86 RCW, it is a violation for a cable television system to willfully charge a subscriber for service or equipment that the subscriber has not affirmatively requested by name. For purposes of this section, a subscriber's failure to refuse a service or a telecommunications company's proposal to provide such service or equipment shall not be deemed to be an affirmative request for such service or equipment.

(2) The attorney general is authorized to bring an action against a cable television system that violates subsection (1) of this section. An entity that violates this section shall forfeit and pay a civil penalty of not more than five hundred dollars per violation per affected subscriber.

NEW SECTION. Sec. 64. A new section is added to chapter 80.36 RCW to read as follows:

The commission shall provide assistance to city, town, code city, and county governments in negotiating franchise terms, regulating cable rates, drafting ordinances, and providing other assistance it deems appropriate, when requested by the government. Such assistance shall be provided at cost according to a rate schedule to be determined by the commission and paid by the government requesting assistance. Commission assistance shall be in the form of recommendations; in no event shall a recommendation be deemed binding upon a local government.

NEW SECTION. Sec. 65. A new section is added to chapter 80.36 RCW to read as follows:

(1) In addition to the provisions contained in RCW 19.56.020 and 19.56.030, and chapter 19.86 RCW, it is a violation for a telecommunications company to willfully charge a subscriber for service or equipment that the subscriber has not affirmatively requested by name. For purposes of this section, a subscriber's failure to refuse a service or a telecommunications company's proposal to provide such service or equipment shall not be deemed to be an affirmative request for such service or equipment.

(2) The commission has authority to enforce subsection (1) of this section with appropriate sanctions not to exceed five hundred dollars per violation per affected subscriber.

NEW SECTION. Sec. 66. A new section is added to chapter 80.36 RCW to read as follows:

No person or company may operate a pay telephone service linked to the public switched network through an alternate operator service that fails to post a consumer protection notice or provide call routing in conformance to commission rules. The commission has authority to enforce this provision with appropriate sanctions, including injunctions and fines not to exceed five hundred dollars per violation per telephone.

NEW SECTION. Sec. 67. A new section is added to chapter 80.36 RCW to read as follows:

No alternate operator service may provide service to a customer-owned pay telephone service or call aggregator that has been denied service by any other alternate service operator during the previous sixty days because of alleged violations of commission rules, unless the commission specifically authorizes such service. The commission has authority to enforce this section with appropriate sanctions.

NEW SECTION. Sec. 68. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 69. Section 40 of this act shall take effect July 1, 1994.

NEW SECTION. Sec. 70. Section 17 of this act shall expire June 30, 1998.

NEW SECTION. Sec. 71. Captions used in this act do not constitute part of the law.

NEW SECTION. Sec. 72. If specific funding for section 18 of this act, referencing this act by bill and section number, is not provided by June 30, 1994, in the supplemental biennial operating appropriations act, section 18 of this act shall be null and void.