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House Bill 1429 — State of Washington, 67th Legislature, 2021 Regular Session

Summary

House Bill 1429 of the State of Washington, 67th Legislature, 2021 Regular Session, by Representatives Ryu, Lovick, Fey, Robertson, and Hansen. It was read first time 01/29/21 and referred to the Committee on Community & Economic Development. The bill amends RCW 80.36.320 on classifying a telecommunications company as a competitive telecommunications company when its services are subject to effective competition, and provides that competitive companies be subject to minimal regulation. A new subsection lets an incumbent local exchange carrier elect competitive classification by written notice to the commission if the carrier operates under an alternative form of regulation authorized by RCW 80.36.135 and does not receive universal communications services program distributions under RCW 80.36.650.

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“House Bill 1429 — State of Washington, 67th Legislature, 2021 Regular Session.” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2021-02-09-a28591-bill-1429-8ab495592a/, SHA-256 3cc68f008207212f36f4896fcbc4369f15565a55617451637423e32e5c923ed3.

Full text

     H-0591.1

                                 HOUSE BILL 1429


     State of Washington       67th Legislature           2021 Regular Session

     By Representatives Ryu, Lovick, Fey, Robertson, and Hansen

     Read first time 01/29/21.      Referred   to   Committee   on   Community   &
     Economic Development.




1        AN    ACT   Relating    to  classification    as   a   competitive
2    telecommunications company for an incumbent local exchange carrier
3    currently   operating   under  an  alternative   form   of  regulation
4    authorized by RCW 80.36.135; and amending RCW 80.36.320.


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


 6       Sec. 1. RCW 80.36.320 and 2008 c 181 s 408 are each amended to
 7   read as follows:
 8       (1) The commission shall classify a telecommunications company as
 9   a competitive telecommunications company if the services it offers
10   are subject to effective competition. Effective competition means
11   that the company's customers have reasonably available alternatives,
12   including   alternatives   that   utilize  technologies   other   than
13   traditional landline telephone service, and that the company does not
14   have a significant captive customer base. In determining whether a
15   company is competitive, factors the commission shall consider include
16   but are not limited to:
17       (a) The number and sizes of alternative providers of service;
18       (b) The extent to which services are available from alternative
19   providers in the relevant market;



                                      p. 1                               HB 1429
 1       (c) The ability of alternative providers to make functionally
 2   equivalent or substitute services readily available at competitive
 3   rates, terms, and conditions; and
 4       (d) Other indicators of market power which may include market
 5   share, growth in market share, ease of entry, and the affiliation of
 6   providers of services.
 7       The commission shall conduct the initial classification and any
 8   subsequent review of the classification in accordance with such
 9   procedures as the commission may establish by rule.
10       (2) Competitive telecommunications companies shall be subject to
11   minimal   regulation.  The   commission  may   waive any  regulatory
12   requirement under this title for competitive telecommunications
13   companies when it determines that competition will serve the same
14   purposes as public interest regulation. The commission may waive
15   different regulatory requirements for different companies if such
16   different treatment is in the public interest. A competitive
17   telecommunications company shall at a minimum:
18       (a) Keep its accounts according to regulations as determined by
19   the commission;
20       (b) File financial reports with the commission as required by the
21   commission and in a form and at times prescribed by the commission;
22   and
23       (c)   Cooperate   with   commission  investigations   of   customer
24   complaints.
25       (3) The commission may revoke any waivers it grants and may
26   reclassify any competitive telecommunications company if it finds
27   that the company is no longer subject to effective competition and it
28   determines that the revocation or reclassification would protect the
29   public interest.
30       (4) The commission may waive the requirements of RCW 80.36.170
31   and   80.36.180    in   whole   or    in  part   for    a   competitive
32   telecommunications company if it finds that competition will serve
33   the same purpose and protect the public interest.
34       (5) During a state of emergency declared under RCW 43.06.010(12),
35   the governor may waive or suspend the operation or enforcement of
36   this section or any portion of this section or under any
37   administrative rule, and issue any orders to facilitate the operation
38   of state or local government or to promote and secure the safety and
39   protection of the civilian population.


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1       (6) In addition to the process in subsection (1) of this section,
2   an incumbent local exchange carrier may elect to be classified as a
3   competitive telecommunications company by providing written notice to
4   the commission if the carrier is operating under an alternative form
5   of regulation authorized by RCW 80.36.135 and the carrier does not
6   receive universal communications services program distributions under
7   RCW 80.36.650. Once competitive classification has been elected under
8   this subsection, the company's alternative form of regulation
9   automatically terminates.

                                 --- END ---




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