BP BHEAD INT S [atlas:bill]

AN ACT Relating to service standards for cable television subscribers; adding a new chapter to Title 19 RCW; and providing an effective date.

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

NEW SECTION. Sec. 1. The legislature recognizes that local governments are empowered to grant franchises to cable operators and that changes in federal law governing cable services have increased the importance of state action to ensure that consumer interests are protected in the development and approval of franchise agreements between local governments and cable operators. It is the intent of this chapter to require certain provisions applicable to subscribers' billing, quotes for cable services, and responsiveness to cable subscribers' complaints.

NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Cable operator" means any person or group of persons who provides cable service over a cable system and directly or through one or more affiliates owns a significant interest in such cable system, or who otherwise controls or is responsible for, through any arrangement, the management and operation of such a cable system.

(2) "Cable service" means programming, in any combination, or any other service provided by a cable operator on or in connection with a cable system.

(3) "Cable system" means all or part of the facilities owned, rented, leased, or otherwise controlled by a cable operator. This includes plant, facilities, equipment, and closed signal transmission paths; switches, software, hardware, and other processing equipment; antennas, cables, amplifiers, towers, microwave links, studios, and real and personal property; and any and all conductors, home terminals, converters, remote control units, and all associated equipment or facilities, the purposes of which include distributing cable service or programming or producing, receiving, amplifying, storing, processing, or distributing video signals.

(4) "Programming" means video material or programs prepared for or capable of transmission on a cable system.

(5) "Subscriber" means any person who is lawfully receiving, for any purpose or reason, any cable service whether or not a fee is paid.

(6) "Local government" means any county, city, or town that has entered into a franchise agreement with a cable operator.

NEW SECTION. Sec. 3. Cable subscribers have the following rights in their dealings with a cable operator:

(1) The right to a clear and concise monthly billing for cable services, including all applicable charges, fees, and taxes;

(2) When requesting information about programming packages or options offered by the cable operator, the right to a quoted price for services and necessary equipment that includes all applicable charges, fees, and taxes; and

(3) Following an inquiry or complaint to a cable operator about a billing or quoted price for a service, the right to a prompt response from the operator.

NEW SECTION. Sec. 4. A cable operator shall provide subscribers with a clear and concise monthly billing that reflects all applicable charges, fees, and taxes for the service provided. When information about programming packages or options offered by the cable operator is requested, the operator shall provide a price for services and necessary equipment that includes all applicable charges, fees, and taxes.

NEW SECTION. Sec. 5. A cable operator representative shall provide a prompt response to a subscriber inquiry or complaint about a billing or quoted price for a service as provided in this chapter. The operator shall respond to an inquiry or complaint made by telephone within forty-eight hours, and to a written inquiry or complaint within two weeks after receiving it.

NEW SECTION. Sec. 6. The legislature finds that the practices covered by this chapter are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. A violation of this chapter is not reasonable in relation to the development and preservation of business and is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the consumer protection act, chapter 19.86 RCW.

NEW SECTION. Sec. 7. A franchise agreement between a local government and a cable operator must require that a written summary of the rights in sections 3 through 6 of this act must be provided to each subscriber at the time of initial agreement with the cable operator and to all subscribers at least once per year.

NEW SECTION. Sec. 8. Franchise agreements entered into between a local government and a cable operator after the effective date of this act must include provisions consistent with this chapter. Nothing in this chapter preempts provisions in any other franchise agreement.

NEW SECTION. Sec. 9. This act takes effect January 1, 2001.

NEW SECTION. Sec. 10. Sections 1 through 9 of this act constitute a new chapter in Title 19 RCW.