6515-S.E AMH TRPB H5464.1

6515-S.E AMH TRPB H5464.1

ESSB 6515 - H COMM AMD TO EN COMM AMD (H5318.1) NOT ADOPTED

By Committee on Transportation Policy & Budget

On page 1, beginning on line 7 of the amendment, strike the entire amendment and insert the following:

"NEW SECTION. Sec. 1. (1) The legislature finds that the federal telecommunications act of 1996 has provided the opportunity to expand the uses of publicly owned rights of way to allow for the provision of enhanced telecommunications services. Presently, providers of these services are confronted with differing development regulations and franchise requirements across this state's two hundred seventy-seven cities and thirty-nine counties. The legislature finds the array of varying regulations and requirements to be a significant barrier to enhancing the telecommunications services to the citizens of the state, and desires more uniformity and reasonableness in the application of these regulations. However, states that have recently enacted laws relating to the use of public rights of way for telecommunications services have been challenged in court. Court decisions and relevant federal communications commission rulings will be issued after the legislature adjourns. Therefore, the most prudent course of action requires further work and cooperation between public policymakers, government administrators, and the telecommunications industry to effectuate the policy of this state.

(2) The legislature hereby declares it the policy of the state of Washington to: Encourage the development of telecommunications infrastructure without violating the letter or spirit of Article VIII, sections 5 and 7 of the state Constitution; reduce regulatory obstacles that inhibit investment in the state's telecommunications system; maintain safe public roads, highways, and streets; and provide responsible stewardship of the public's investment in its rights of way.

NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout chapter . . ., Laws of 1998 (this act).

(1) "Authorized facilities" means all of the plant, equipment, fixtures, appurtenances, antennas, and other facilities necessary to furnish and deliver telecommunications services and cable television services, including but not limited to poles with crossarms, poles without crossarms, wires, lines, conduits, cables, communication and signal lines and equipment, braces, guys, anchors, vaults, and all attachments, appurtenances, and appliances necessary or incidental to the distribution and use of telecommunications services and cable television services.

(2) "Authorized user" means 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.

(3) "Cable television service" means the one-way transmission to subscribers of video programming or other programming service and subscriber interaction, if any, which is required for the selection of use of such video programming or other programming service.

(4) "Limited access highways" means those public rights of way designated as limited access under authority of the laws of the state of Washington.

(5) "Public right of way" means roads, streets, and highways, and does not include:

(a) Limited access highways;

(b) Unopened, unimproved land dedicated for roads, streets, and highways;

(d) Federally granted trust lands and the forest board trust lands;

(e) Federally granted railroad rights of way acquired under 43 U.S.C. Sec. 912 and related provisions of federal law; and

(f) Lands owned or managed by the state parks and recreation commission.

(6) "Telecommunications service" means the transmission of information by wire, radio, optical cable, electromagnetic, or other similar means for the general public. For the purpose of chapter . . ., Laws of 1998 (this act), telecommunications services excludes the over-the-air transmission of broadcast television or radio signals. For the purpose of this subsection, "information" means knowledge or intelligence represented by any form of writing, signs, signals, pictures, sounds, or any other symbols.

Sec. 3. RCW 35.21.860 and 1983 2nd ex.s. c 3 s 39 are each amended to read as follows:

(1) No city or town may impose a franchise fee or any other fee ((or)), charge, or compensation of whatever nature or description upon the light and power, or gas distribution businesses, as defined in RCW 82.16.010, or ((~~telephone business, as defined in RCW 82.04.065~~)) an authorized user for the use of public right of way, except that (a) a tax authorized by RCW 35.21.865 may be imposed and (b) ((~~a fee~~)) fees and other requirements may be ((~~charged to~~)) imposed on such businesses ((that recovers actual administrative expenses incurred by a city or town that are directly related to receiving and approving a permit, license, and franchise, to inspecting plans and construction, or to the preparation of a detailed statement pursuant to chapter 43.21C RCW)) as allowed in section 4 of this act.

(2) Subsection (1) of this section does not prohibit franchise fees imposed on an electrical energy, natural gas, or telephone business, by contract existing on April 20, 1982, with a city or town, for the duration of the contract, but the franchise fees shall be considered taxes for the purposes of the limitations established in RCW 35.21.865 and 35.21.870 to the extent the fees exceed the costs allowable under subsection (1) of this section.

NEW SECTION. Sec. 4. (1) Cities and towns may impose fees to recover:

(a) The direct administrative expenses actually incurred by the state, county, city, or town in receiving and approving a construction or development permit, inspecting plans and construction, and development and maintenance of record systems, and excavation authorizations systems;

(b) Costs of ongoing maintenance, repair, or restoration of the right of way reasonably related to the impact of the installation, maintenance, and use of the authorized facility or the facilities of light and power, or gas distribution businesses, as defined in RCW 82.16.010;

(c) Ongoing monitoring activities and apportioned administrative overhead, quantified and documented using standard accounting practices; and

(d) Preparing a detailed statement pursuant to chapter 43.21C RCW.

(2) This section expires April 1, 1999.

NEW SECTION. Sec. 5. (1) Except as provided in subsection (2) of this section, no county, city, or town shall place a moratorium on the acceptance and processing of applications, permitting, construction, maintenance, repair, replacement, extension, operation, or use of any personal wireless communication facility after the effective date of this section. An existing moratorium that expires after the effective date of this section shall not be extended in whole or in part.

(2)(a) A city or town incorporated after the effective date of this section shall be permitted to impose one moratorium that shall not exceed one hundred eighty days and shall not be extendable.

(b) Upon the expiration of the moratorium authorized by (a) of this subsection, the authorizing city or town is subject to subsection (1) of this section.

(3) Counties, cities, and towns are encouraged to work together with industry, using the experience of the industry and those counties, cities, and towns that have adopted wireless regulations, to develop a model ordinance for the siting of wireless telecommunication facilities as part of the process required under section 7 of this act.

(4) Subsections (1) and (2) of this section apply to moratoriums one hundred twenty days after the adoption of a model ordinance under section 7 of this act or on April 1, 1999, whichever occurs first.

(5) This section expires October 1, 2003.

NEW SECTION. Sec. 6. (1) No county, city, or town shall install, or cause to be installed, equipment, facilities, or other infrastructure, including but not limited to conduit, for the purpose of allowing a county, city, or town to provide telecommunications or cable television services to the general public.

(2) This section expires October 1, 2003.

NEW SECTION. Sec. 7. (1) There is hereby created a telecommunications right of way advisory committee. The advisory committee shall:

(a) Develop a model ordinance for use by counties, cities, and towns that would create uniform policies, land use and construction codes, regulations, standards, and lease and franchise requirements for the use of rights of way by telecommunications providers; and

(b) Review current laws and practices in the following areas and make recommendations regarding:

(i) Appropriate types of permit costs and fees allowable for processing and granting applications for provision of telecommunications facilities along state, county, city, and town rights of way;

(ii) Limits on the amount of consideration due to the state, counties, and cities to rates that are fair, just, reasonable, and sufficient;

(iii) Alternative forms of consideration other than the imposition of franchise fees, including but not limited to provision of in-kind services, installation of additional conduit by telecommunications providers for use by the owner of the public right of way, single uniform surcharges or utility tax rates in lieu of individual franchise fees, and open competitive bid processes for granting franchises on limited access rights of way;

(iv) Methods to restrict or eliminate moratoriums when used as a means of excluding telecommunications facilities from publicly owned rights of way; and

(v) Such other issues as may arise during the committee's deliberations.

(2) The advisory committee shall be comprised of:

(a) Two members of the house of representatives transportation policy and budget committee, one from each political party, as appointed by the speaker of the house of representatives. The speaker shall also designate two alternate members to serve if the appointed members are unavailable;

(b) Two members of the senate transportation committee, one from each political party, as appointed by the president of the senate. The president shall also designate two alternate members to serve if the appointed members are unavailable;

(c) One member of the house of representatives appropriations committee, as appointed by the speaker of the house of representatives. The speaker shall also designate an alternate member to serve if the appointed member is unavailable;

(d) One member of the senate ways and means committee, as appointed by the president of the senate. The president shall also designate an alternate member to serve if the appointed member is unavailable;

(e) Two representatives of the governor;

(f) The secretary of the department of transportation or a designee; and

(g) The director of the department of information services or a designee.

(3) The advisory committee shall make its recommendations to the legislative transportation committee by December 1, 1998.

(4) This section expires January 31, 1999.

NEW SECTION. Sec. 8. 1997 c 457 s 512 (uncodified) is repealed.

NEW SECTION. Sec. 9. Section 3 of this act expires April 1, 1999.

NEW SECTION. Sec. 10. Sections 1, 2, 5, and 6 of this act constitute a new chapter in Title 47 RCW.

NEW SECTION. Sec. 11. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."

Correct the title.