S-1695.1  _______________________________________________

                    SUBSTITUTE SENATE BILL 5376

          _______________________________________________

State of Washington      57th Legislature     2001 Regular Session

By Senate Committee on Transportation (originally sponsored by Senators Gardner, Horn and Haugen)

READ FIRST TIME 02/26/01.

Restricting telephone service for household goods carriers operating without a permit.

    AN ACT Relating to household goods carriers operating without a permit; and adding new sections to chapter 81.80 RCW.

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

NEW SECTION. Sec. 1.  The superior court has the power, upon petition of the commission, to order any entity providing telecommunications services, including wireless telecommunications service, to refuse or terminate a telephone number, with no call forwarding to any new telephone number that may be provided from the terminated telephone number, when the number is being used by a person or an entity advertising or otherwise holding out to the public to provide household goods moving services in violation of the laws requiring a household goods permit.  The court shall issue such order, with or without hearing, if it finds that:

    (1) The person or entity using the telephone number is advertising or holding out to the public to perform, or is performing, household goods carrier services without having in force a permit issued by the commission;

    (2) The telephone number is being used or is to be used as an instrumentality, directly or indirectly, to violate or to assist in violation of the laws requiring a household goods carrier permit; and

    (3) The commission has already obtained, or is concurrently petitioning for, pursuant to RCW 34.05.578, an order of the superior court enforcing a cease and desist order against the party whose telephone number would be terminated.

NEW SECTION. Sec. 2.  In the event the court orders termination of the use of a telephone number by a subscriber, the terminated number may not be reused by any entity providing telecommunications services, including wireless telecommunications service, in this state for a period of one year unless a lesser period of time is specified by the court or if further order of the court releases the number for reuse.

NEW SECTION. Sec. 3.  The entity providing telecommunications services that has been ordered to refuse or terminate a telephone number shall notify the subscriber in writing within five business days that such action was implemented and shall provide a copy of the court's order to the subscriber.  The entity providing telecommunications services shall act in accordance with the court's order within fourteen days of the commission serving it with a copy of the order.

NEW SECTION. Sec. 4.  No action at law or in equity shall accrue against any entity providing telecommunications services in this state because of, or as a result of, any lawful act related to action under sections 1 through 3 of this act.

NEW SECTION. Sec. 5.  Sections 1 through 4 of this act are each added to chapter 81.80 RCW.

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