READ FIRST TIME 02/12/08.   

     AN ACT Relating to attachments to utility poles of locally regulated utilities; amending RCW 54.04.045; and creating a new section.

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

NEW SECTION.  Sec. 1   It is the policy of the state to encourage the joint use of utility poles and to promote competition for the provision of telecommunications and information services. In order to achieve these two objectives, the legislature intends to establish a consistent formula for calculating pole attachment rates, which will ensure greater predictability and consistency in pole attachment rates statewide. The legislature further intends to continue working through issues related to pole attachments with interested parties in an open and collaborative process in order to minimize the potential for disputes going forward.

Sec. 2   RCW 54.04.045 and 1996 c 32 s 5 are each amended to read as follows:
     (1) As used in this section:
     (a) "Attachment" means the affixation or installation of any wire, cable, or other physical material capable of carrying electronic impulses or light waves for the carrying of intelligence for telecommunications or television, including, but not limited to cable, and any related device, apparatus, or auxiliary equipment upon any pole owned or controlled in whole or in part by one or more locally regulated utilities where the installation has been made with the necessary consent.
     (b) "Licensee" means any person, firm, corporation, partnership, company, association, joint stock association, or cooperatively organized association, which is authorized to construct attachments upon, along, under, or across public ways.
     (c) "Locally regulated utility" means a public utility district not subject to rate or service regulation by the utilities and transportation commission.
     (((c))) (d) "Nondiscriminatory" means that pole owners may not arbitrarily differentiate among or between similar classes of ((persons)) licensees approved for attachments.
     (2) All rates, terms, and conditions made, demanded, or received by a locally regulated utility for attachments to its poles must be just, reasonable, nondiscriminatory, and sufficient. A locally regulated utility shall levy attachment space rental rates that are uniform for the same class of service within the locally regulated utility service area.
     (3) A just and reasonable rate must be calculated as follows:
     (a) One-half of the rate consists of the additional costs of procuring and maintaining pole attachments, but may not exceed the actual capital and operating expenses of the locally regulated utility attributable to that portion of the pole, duct, or conduit used for the pole attachment, including a share of the required support and clearance space, in proportion to the space used for the pole attachment, as compared to all other uses made of the subject facilities and uses that remain available to the owner or owners of the subject facilities; and
     (b) One-half of the rate consists of the additional costs of procuring and maintaining pole attachments, but may not exceed the actual capital and operating expenses of the locally regulated utility attributable to the share of the required support and clearance space, divided equally among all attachers, which sum is divided by the height of the pole.
     (4) The locally regulated utility may establish a rate according to the calculation outlined in subsection (3) of this section or it may establish a rate according to the cable formula set forth by the federal communications commission by rule as it existed on the effective date of this section, or such subsequent date as may be provided by the federal communications commission by rule, consistent with the purposes of this section.
     (5) Except in extraordinary circumstances, a locally regulated utility must respond to a licensee's application to enter into a new pole attachment contract or renew an existing pole attachment contract within forty-five days of receipt, stating either:
     (a) The application is complete; or
     (b) The application is incomplete, including a statement of what information is needed to make the application complete.
     (6) Within sixty days of an application being deemed complete, the locally regulated utility shall notify the applicant as to whether the application has been accepted for licensing or rejected. If the application is rejected, the locally regulated utility must provide reasons for the rejection. A request to attach may only be denied on a nondiscriminatory basis (a) where there is insufficient capacity; or (b) for reasons of safety, reliability, and generally applicable engineering purposes.
     (7) Nothing in this section shall be construed or is intended to confer upon the utilities and transportation commission any authority to exercise jurisdiction over locally regulated utilities.