BILL REQ. #:  H-3953.3 

Prefiled 01/07/08. Read first time 01/14/08.   Referred to Committee on Technology, Energy & Communications.

     AN ACT Relating to the mapping of internet and computer resources in the state for purposes of future economic development; amending RCW 80.36.005; adding new sections to chapter 80.36 RCW; and creating a new section.

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

NEW SECTION.  Sec. 1   The legislature finds and declares the following:
     (1) Access to computers and the internet is becoming increasingly important for full participation in our country's economic, political, and social life;
     (2) Affordable, high-speed internet access is a key competitive factor for economic development and quality of life in Washington state and in our increasingly global economy;
     (3) Universal connectivity at affordable prices is a necessity for business transactions, education and training, health care, information exchange, government services, communication, artistic expression, and the democratic process;
     (4) Unequal access to computer technology and internet connectivity by income, education level, ethnic or racial group, or geographic location could deepen and reinforce the divisions that already exist in our society; and
     (5) Other states are surveying their access to computer and internet resources in order to better compete in the digital future.
     Therefore, it is the intent of the legislature to survey the availability of broadband access in the state and determine what steps may be taken to bridge the digital divide, increase access to broadband services for all citizens in Washington state, and prepare for a more competitive and digitally connected future.

Sec. 2   RCW 80.36.005 and 2003 c 134 s 1 are each amended to read as follows:
     The definitions in this section apply throughout RCW 80.36.410 through 80.36.475((,)) and sections 3 through 5 of this act unless the context clearly requires otherwise.
     (1) "Broadband" means the transmission of information, between or among points specified by the user, with or without change in the form or content of the information as sent and received, at minimum rates of transmission of two megabits per second downstream and one megabit per second upstream, or at those synchronous upstream and downstream transmission rates as may be recommended by the commission by rule, whichever is fastest in speed.
     (2) "Commission" means the Washington state utilities and transportation commission.
     (3) "Community action agency" means local community action agencies or local community service agencies designated by the department of community, trade, and economic development under chapter 43.63A RCW.
     (4) "Community agency" means local community agencies that administer community service voice mail programs.
     (((2))) (5) "Community service voice mail" means a computerized voice mail system that provides low-income recipients with: (a) An individually assigned telephone number; (b) the ability to record a personal greeting; and (c) a private security code to retrieve messages.
     (((3))) (6) "Community technology program" means a program engaged in diffusing information and communications technology in local communities, particularly in underserved areas. These programs may include, but are not limited to, programs that provide education and skill-building opportunities, hardware and software, internet connectivity, and development of locally relevant content and delivery of vital services through technology.
     (7) "Department" means the department of social and health services.
     (((4))) (8) "Public entity" includes the state, a county, or a municipal corporation.
     (9) "Service year" means the period between July 1st and June 30th.
     (((5) "Community action agency" means local community action agencies or local community service agencies designated by the department of community, trade, and economic development under chapter 43.63A RCW.))
     (10) "Telecommunications infrastructure" includes conduits, ducts, poles, wires, fiberoptic cable or lines, coaxial cable, copper twisted pair telephone lines, receivers, transmitters, broadcast radio frequency bandwidth, lasers and multiplexers, instruments, machines, appliances and all devices, real estate, easements, apparatus, property, and routes used or operated by public entities.

NEW SECTION.  Sec. 3   A new section is added to chapter 80.36 RCW to read as follows:
     (1) The commission, in consultation with the department of information services, must conduct a detailed study of the telecommunications infrastructure and radio frequency bandwidth owned, licensed, or otherwise controlled by public entities in the state. The study must be used to create a map of all public broadband resources available in the state.
     (2) In conducting the study, the commission must report, in detail:
     (a) The physical location of all telecommunications infrastructure owned, licensed, or otherwise controlled by public entities in the state;
     (b) The amount of excess capacity available; and
     (c) How the public telecommunications infrastructure overlaps with the telecommunications infrastructure owned, leased, or controlled by the private sector.
     (3) The study must set forth specifically the areas for broadband services by census tract and by block, lot, or other uniquely identifiable administrative characteristic. For areas that do not have public broadband infrastructure, the commission must estimate:
     (a) The amount of broadband connectivity that would need to be built or offered in such areas to meet the unmet demand; and
     (b) Possible reasons for why there is not coverage in a given area, to the extent feasible.
     (4) The commission, in consultation with the department of information services, must identify the excess capacity and bandwidth that could be leased on a nondiscriminatory and commercially reasonable basis by public entities.
     (5) By December 1st of each year, the commission must update this study to track the expansion and progress of broadband access and submit a report to the legislature.

NEW SECTION.  Sec. 4   A new section is added to chapter 80.36 RCW to read as follows:
     (1) The commission, in consultation with the department of information services, must conduct a detailed survey of the actual retail availability of wireline, wireless, and fixed-wireless broadband communications services across the state. This survey must be used to create a map of all broadband resources available in the state.
     (2) In conducting the survey required under subsection (1) of this section, the commission must collect data and organize it by census tract. The survey must determine:
     (a) The availability of broadband in the state;
     (b) The average cost of service in those areas where broadband is available;
     (c) The top three communities in the state that have the largest number of broadband providers available at the lowest cost, and the top three communities in the state that have the smallest number of broadband providers at the highest cost; and
     (d) The areas in which broadband is not generally and readily commercially available in the state.
     (3) The survey must specifically set forth the unmet demand for broadband services by census tract and by block, lot, or other uniquely identifiable administrative characteristic. For areas that do not have generally and readily commercially available retail access to broadband services, the commission must estimate:
     (a) The amount of broadband connectivity that would need to be built or offered in such areas to meet the unmet demand; and
     (b) Possible reasons for why there is not coverage in a given area, to the extent feasible.
     (4) By December 1st of each year, the commission must update this survey to track the expansion and progress of broadband access and report to the legislature.

NEW SECTION.  Sec. 5   A new section is added to chapter 80.36 RCW to read as follows:
     (1) By December 1, 2008, the commission, in consultation with the department of information services, must compile a database and web page listing all of the free wireless internet services that are publicly available in the state. The database and web page must describe the exact location for each wireless access point, and any log-in information, such as passwords, that may be required for gaining access. The database must be updated dynamically on at least a monthly basis.
     (2) By December 1, 2008, the commission, in consultation with the department of information services, shall identify and make publicly available a web directory of facilities providing community technology programs throughout the state. This directory must be updated at least annually.