House Bill 1617 — Removing the Expiration Date for the State Universal Services Program (Washington, 2023)

Summary

House Bill 1617 of the State of Washington, 2023 Regular Session, sponsored by Representatives Ryu, Volz, Springer, Maycumber, Walen, Ybarra, Street, Pollet, Chapman, Doglio, Corry, Hackney, Abbarno, and Reed. It was read first time on January 26, 2023 and referred to the Committee on Innovation, Community & Economic Development, & Veterans. The title describes an act relating to removing the expiration date for the state universal services program, amending RCW 80.36.630, 80.36.650, 80.36.660, 80.36.670, 80.36.680, and 80.36.690 and repealing RCW 80.36.700. Section 1 amends the definitions, including basic telecommunications services such as single-party service and access to emergency services (911).

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Full text

     H-0717.1

                                HOUSE BILL 1617


     State of Washington       68th Legislature       2023 Regular Session

     By Representatives Ryu, Volz, Springer, Maycumber, Walen, Ybarra,
     Street, Pollet, Chapman, Doglio, Corry, Hackney, Abbarno, and Reed

     Read first time 01/26/23.      Referred to Committee   on   Innovation,
     Community & Economic Development, & Veterans.




1        AN ACT Relating to removing the expiration date for the state
2    universal services program; amending RCW 80.36.630, 80.36.650,
3    80.36.660, 80.36.670, 80.36.680, and 80.36.690; and repealing RCW
4    80.36.700.


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


 6       Sec. 1.   RCW 80.36.630 and 2019 c 365 s 11 are each amended to
 7   read as follows:
 8       (((1))) The definitions in this section apply throughout this
 9   section and RCW 80.36.650 through 80.36.690 and 80.36.610 unless the
10   context clearly requires otherwise.
11       (((a))) (1) "Basic residential service" means those services set
12   out in 47 C.F.R. Sec. 54.101(a) (2011), as it existed on May 13,
13   2019, and mandatory extended area service approved by the commission.
14       (((b))) (2) "Basic telecommunications services" means the
15   following services:
16       (((i))) (a) Single-party service;
17       (((ii))) (b) Voice grade access to the public switched network;
18       (((iii))) (c) Support for local usage;
19       (((iv))) (d) Dual tone multifrequency signaling (touch-tone);
20       (((v))) (e) Access to emergency services (911);
21       (((vi))) (f) Access to operator services;
                                     p. 1                            HB 1617
 1       (((vii))) (g) Access to interexchange services;
 2       (((viii))) (h) Access to directory assistance; and
 3       (((ix))) (i) Toll limitation services.
 4       (((c))) (3) "Broadband service" means any service providing
 5   advanced telecommunications capability, including internet access and
 6   access to high quality voice, data, graphics, or video.
 7       (((d))) (4) "Communications provider" means a provider of
 8   communications services that assigns a working telephone number to a
 9   final consumer for intrastate wireline or wireless communications
10   services or interconnected voice over internet protocol service, and
11   includes local exchange carriers.
12       (((e))) (5) "Communications services" includes telecommunications
13   services and information services and any combination thereof.
14       (((f))) (6) "Incumbent local exchange carrier" has the same
15   meaning as set forth in 47 U.S.C. Sec. 251(h).
16       (((g))) (7) "Incumbent public network" means the network
17   established by incumbent local exchange carriers for the delivery of
18   communications services to customers that is used by communications
19   providers for origination or termination of communications services
20   by or to customers.
21       (((h))) (8) "Interconnected voice over internet protocol service"
22   means an interconnected voice over internet protocol service that:
23   (i) Enables real-time, two-way voice communications; (ii) requires a
24   broadband connection from the user's location; (iii) requires
25   internet protocol-compatible customer premises equipment; and (iv)
26   permits users generally to receive calls that originate on the public
27   network and to terminate calls to the public network.
28       (((i))) (9) "Program" means the state universal communications
29   services program created in RCW 80.36.650.
30       (((j))) (10) "Telecommunications" has the same meaning as defined
31   in 47 U.S.C. Sec. 153(43).
32       (((k)))   (11)  "Telecommunications   act  of   1996"  means  the
33   telecommunications act of 1996 (P.L. 104-104, 110 Stat. 56).
34       (((2) This section expires July 1, 2025.))


35       Sec. 2.   RCW 80.36.650 and 2019 c 365 s 12 are each amended to
36   read as follows:
37       (1) A state universal communications services program is
38   established. The program is established to protect public safety and
39   welfare   under   the    authority  of   the   state   to   regulate
                                     p. 2                          HB 1617
 1   telecommunications under Article XII, section 19 of the state
 2   Constitution. The purpose of the program is to support continued
 3   provision of basic telecommunications services under rates, terms,
 4   and conditions established by the commission and the provision,
 5   enhancement, and maintenance of broadband services, recognizing that,
 6   historically, the incumbent public network functions to provide all
 7   communications services including, but not limited to, voice and
 8   broadband services.
 9       (2) Under the program, eligible communications providers may
10   receive distributions from the universal communications services
11   account created in RCW 80.36.690 in exchange for the affirmative
12   agreement to provide continued telecommunications services under the
13   rates, terms, and conditions established by the commission under this
14   chapter, and broadband services, for the period covered by the
15   distribution. The commission must implement and administer the
16   program under terms and conditions established in RCW 80.36.630
17   through 80.36.690. Expenditures for the program may not exceed ((five
18   million dollars)) $5,000,000 per fiscal year; provided, however, that
19   if less than ((five million dollars)) $5,000,000 is expended in any
20   fiscal year, the unexpended portion must be carried over to
21   subsequent fiscal years and, unless fully expended, must be available
22   for program expenditures in such subsequent fiscal years in addition
23   to the ((five million dollars)) $5,000,000 allotted for each of those
24   subsequent fiscal years.
25       (3)   A   communications   provider   is   eligible   to   receive
26   distributions from the account if:
27       (a)(i) The communications provider is: (A) An incumbent local
28   exchange carrier serving fewer than forty thousand access lines in
29   the state; or (B) a radio communications service company providing
30   wireless two-way voice communications service and broadband services
31   to less than the equivalent of ((forty thousand)) 40,000 access lines
32   in the state. For purposes of determining the access line threshold
33   in this subsection, the access lines or equivalents of all wireline
34   affiliates must be counted as a single threshold, if the lines or
35   equivalents are located in Washington;
36       (ii) The communications provider has adopted a plan to provide,
37   enhance, or maintain broadband services in its service area; and
38       (iii) The communications provider meets any other requirements
39   established by the commission pertaining to the provision of


                                     p. 3                          HB 1617
 1   communications services, including basic telecommunications services;
 2   or
 3       (b) The communications provider demonstrates to the commission
 4   that the communications provider is able to provide the same or
 5   comparable services at the same or similar service quality standards
 6   at a lower price; and: (i) Will provide communications services to
 7   all customers in the exchange or exchanges in which it will provide
 8   service; and (ii) submits to the commission's regulation of its
 9   service as if it were the incumbent local exchange company serving
10   the exchange or exchanges for which it seeks distribution from the
11   account.
12       (4)(a) Distributions to eligible communications providers are
13   based on criteria established by the commission.
14       (b) If the program does not have sufficient funds to fully fund
15   the distribution formula set out in (a) of this subsection,
16   distributions must be reduced on a pro rata basis using the amounts
17   calculated for that year's program support as the basis of the pro
18   rata calculations.
19       (c) To receive a distribution under the program, an eligible
20   communications provider must affirmatively consent to continue
21   providing communications services to its customers under rates,
22   terms, and conditions established by the commission pursuant to this
23   chapter for the period covered by the distribution.
24       (5) The program is funded from amounts deposited by the
25   legislature   in   the  universal   communications  services  account
26   established in RCW 80.36.690. The commission must operate the program
27   within amounts appropriated for this purpose and deposited in the
28   account.
29       (6) The commission must periodically review the accounts and
30   records of any communications provider that receives distributions
31   under the program to ensure compliance with the program and monitor
32   the providers' use of the funds.
33       (7) The commission must establish an advisory board, consisting
34   of a reasonable balance of representatives from different types of
35   stakeholders, including but not limited to communications providers
36   and consumers, to advise the commission on any rules and policies
37   governing the operation of the program.
38       (((8) The program terminates on June 30, 2024, and no
39   distributions may be made after that date.
40       (9) This section expires July 1, 2025.))
                                     p. 4                          HB 1617
 1       Sec. 3.   RCW 80.36.660 and 2019 c 365 s 13 are each amended to
 2   read as follows:
 3       (((1))) To implement the program, the commission must adopt rules
 4   for the following purposes:
 5       (((a))) (1) Operation of the program, including criteria for:
 6   Eligibility for distributions; use of the funds; identification of
 7   any reports or data that must be filed with the commission,
 8   including, but not limited to, how a communication provider used the
 9   distributed funds; and the communications provider's infrastructure;
10       (((b))) (2) Operation of the universal communications services
11   account established in RCW 80.36.690;
12       (((c))) (3) Establishment of the criteria used to calculate
13   distributions; and
14       (((d))) (4) Readoption, amendment, or repeal of any existing
15   rules adopted pursuant to RCW 80.36.610 as necessary to be consistent
16   with RCW 80.36.630 through 80.36.690 and 80.36.610.
17       (((2) This section expires July 1, 2025.))


18       Sec. 4.   RCW 80.36.670 and 2019 c 365 s 14 are each amended to
19   read as follows:
20       (1) In addition to any other penalties prescribed by law, the
21   commission may impose penalties for failure to make or delays in
22   making or filing any reports required by the commission for
23   administration of the program. In addition, the commission may
24   recover amounts determined to have been improperly distributed under
25   RCW 80.36.650. For the purposes of this section, the provisions of
26   RCW 80.04.380 through 80.04.405, inclusive, apply to all companies
27   that receive support from the universal communications services
28   account created in RCW 80.36.690.
29       (2) Any action taken under this section must be taken only after
30   providing the affected communications provider with notice and an
31   opportunity for a hearing, unless otherwise provided by law.
32       (3) Any amounts recovered under this section must be deposited in
33   the universal communications services account created in RCW
34   80.36.690.
35       (((4) This section expires July 1, 2025.))


36       Sec. 5.   RCW 80.36.680 and 2019 c 365 s 15 are each amended to
37   read as follows:


                                     p. 5                          HB 1617
1        (((1))) The commission may delegate to the commission secretary
2    or other staff the authority to resolve disputes and make other
3    administrative   decisions  necessary   to   the administration  and
4    supervision of the program consistent with the relevant statutes and
5    commission rules.
6        (((2) This section expires July 1, 2025.))

 7       Sec. 6.   RCW 80.36.690 and 2019 c 365 s 16 are each amended to
 8   read as follows:
 9       (((1))) The universal communications services account is created
10   in the custody of the state treasurer. Revenues to the account
11   consist of moneys deposited in the account by the legislature and any
12   penalties or other recoveries received pursuant to RCW 80.36.670.
13   Expenditures from the account may be used only for the purposes of
14   the universal communications services program established in RCW
15   80.36.650 and commission expenses related to implementation and
16   administration of the provisions of RCW 80.36.630 through 80.36.690
17   and section 212, chapter 8, Laws of 2013 2nd sp. sess. Only the
18   secretary of the commission or the secretary's designee may authorize
19   expenditures from the account. The account is subject to allotment
20   procedures under chapter 43.88 RCW, but an appropriation is not
21   required for expenditures.
22       (((2) This section expires July 1, 2025.))


23      NEW   SECTION.     Sec.   7.     RCW    80.36.700   (State   universal
24   communications services program—Program expiration) and 2019 c 365 s
25   17 & 2013 2nd sp.s. c 8 s 211 are each repealed.

                                  --- END ---




                                       p. 6                            HB 1617


File and source

File

2023-01-31_a30614_bill_1617.pdf

Size

104,272 bytes

SHA-256

9ab8b0712f5b4ad561081f424f455abae078cb3beb35f9833248f8b2b3309fa9

Our copy

2023-01-31_a30614_bill_1617.pdf

Original

No public link identified.