S-3900.1 _______________________________________________
SENATE BILL 6669
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State of Washington 56th Legislature 2000 Regular Session
By Senators Finkbeiner, Brown, Rossi, Shin and Jacobsen
Read first time 01/21/2000. Referred to Committee on Energy, Technology & Telecommunications.
AN ACT Relating to timelines for businesses ordering telecommunications service; amending RCW 80.36.090; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 80.36.090 and 1985 c 450 s 23 are each amended to read as follows:
(1) Every telecommunications company operating in this state shall provide and maintain suitable and adequate buildings and facilities therein, or connected therewith, for the accommodation, comfort and convenience of its patrons and employees.
(2) Every telecommunications company shall, upon reasonable notice, furnish to all persons and corporations who may apply therefor and be reasonably entitled thereto suitable and proper facilities and connections for telephonic communication and furnish telephone service as demanded.
(3) Whenever a person or corporation establishes or relocates a business in an existing commercial space and submits to a local exchange carrier an application for primary exchange access service that provides at least seven calendar days' advance notice of the date when service is needed, the local exchange carrier shall furnish the service as ordered by the date requested. If, prior to any requested date, it becomes apparent to the local exchange carrier that primary exchange access service cannot be supplied as ordered by the date requested, the carrier shall promptly notify the customer in writing prior to the requested date that there will be a delay, the reason or reasons for the delay, and the revised date by which the service will be supplied. The carrier shall also provide the customer, beginning on the day service was expected to begin, with cellular service or cellular service credits for the same number of access lines as the customer has ordered.
(4) Whenever a person or corporation establishes or relocates a business in an existing commercial space and submits to a telecommunications company an application for telecommunications services other than primary exchange access service that provides at least thirty calendar days' advance notice of the date when service is needed, the telecommunications company shall furnish the service as ordered by the date requested. If, prior to any requested date, it becomes apparent to the telecommunications company that the telecommunications services cannot be supplied as ordered by the date requested, the company shall promptly notify the customer in writing prior to the requested date that there will be a delay, the reason or reasons for the delay, and the revised date by which the service will be supplied. When the delay is anticipated to last, or in fact lasts, longer than three days, the company shall also provide the customer credit against future charges to be calculated as follows: A prorated amount of the monthly charges for the delayed service multiplied by the number of days service was delayed, based on charges for the first full month service is active.
(5) In lieu of any other remedy available at law or equity, a customer affected by a local exchange carrier's failure to comply with the requirements of subsection (3) of this section is entitled to liquidated damages in the amount of five hundred dollars per violation and reasonable attorneys' fees and other costs of litigation. In lieu of any other remedy available at law or equity, a customer affected by a telecommunications company's failure to comply with the requirements of subsection (4) of this section is entitled to liquidated damages in the amount of one thousand dollars per violation and reasonable attorneys' fees and other costs of litigation.
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