BILL REQ. #: H-3452.2
State of Washington | 63rd Legislature | 2014 Regular Session |
Read first time 01/24/14. Referred to Committee on Technology & Economic Development.
AN ACT Relating to the expenditure limit for the state universal communications services program; amending RCW 80.36.650; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 80.36.650 and 2013 2nd sp.s. c 8 s 203 are each
amended to read as follows:
(1) A state universal communications services program is
established. The program is established to protect public safety and
welfare under the authority of the state to regulate telecommunications
under Article XII, section 19 of the state Constitution. The purpose
of the program is to support continued provision of basic
telecommunications services under rates, terms, and conditions
established by the commission during the time over which incumbent
communications providers in the state are adapting to changes in
federal universal service fund and intercarrier compensation support.
(2) Under the program, eligible communications providers may
receive distributions from the universal communications services
account created in RCW 80.36.690 in exchange for the affirmative
agreement to provide continued services under the rates, terms, and
conditions established by the commission under this chapter for the
period covered by the distribution. The commission must implement and
administer the program under terms and conditions established in RCW
80.36.630 through 80.36.690. Expenditures for the program ((may not
exceed)) must be five million dollars per fiscal year less
administrative costs appropriated to the commission to administer the
program established in subsection (1) of this section in the omnibus
operating appropriations act.
(3) A communications provider is eligible to receive distributions
from the account if:
(a) The communications provider is: (i) An incumbent local
exchange carrier serving fewer than forty thousand access lines in the
state; or (ii) a radio communications service company providing
wireless two-way voice communications service to less than the
equivalent of forty thousand access lines in the state. For purposes
of determining the access line threshold in this subsection, the access
lines or equivalents of all affiliates must be counted as a single
threshold, if the lines or equivalents are located in Washington;
(b) The customers of the communications provider are at risk of
rate instability or service interruptions or cessations absent a
distribution to the provider that will allow the provider to maintain
rates reasonably close to the benchmark; and
(c) The communications provider meets any other requirements
established by the commission pertaining to the provision of
communications services, including basic telecommunications services.
(4)(a) Distributions to eligible communications providers are based
on a benchmark established by the commission. The benchmark is the
rate the commission determines to be a reasonable amount customers
should pay for basic residential service provided over the incumbent
public network. However, if an incumbent local exchange carrier is
charging rates above the benchmark for the basic residential service,
that provider may not seek distributions from the fund for the purpose
of reducing those rates to the benchmark.
(b) To receive a distribution under the program, an eligible
communications provider must affirmatively consent to continue
providing communications services to its customers under rates, terms,
and conditions established by the commission pursuant to this chapter
for the period covered by the distribution.
(5) The program is funded from amounts deposited by the legislature
in the universal communications services account established in RCW
80.36.690. The commission must operate the program within amounts
appropriated for this purpose and deposited in the account.
(6) The commission must periodically review the accounts and
records of any communications provider that receives distributions
under the program to ensure compliance with the program and monitor the
providers' use of the funds.
(7) The commission must establish an advisory board, consisting of
a reasonable balance of representatives from different types of
communications providers and consumers, to advise the commission on
any rules and policies governing the operation of the program.
(8) The program terminates on June 30, 2019, and no distributions
may be made after that date.
(9) This section expires July 1, 2020.
NEW SECTION. Sec. 2 This act takes effect July 1, 2014.