SB 5679 — Concerning the authority of port districts to provide telecommunications services.

S-1592.2SUBSTITUTES-0946.1SENATE SENATE BILL 5679State of Washington65th Legislature2017 Regular SessionBy Senate Energy, Environment & Telecommunications (originally sponsored by Senators Warnick, Wellman, Sheldon, Rivers, Wilson, Cleveland, Walsh, Takko, and Rolfes)READRolfesRead FIRSTfirst TIMEtime 02/17/17.AN02/02/17. ACT Relating to the authority of port districts to provide telecommunications services;

amendingReferred RCWto 53.08.370Committee andon 53.08.380;Energy, Environment & Telecommunications.AN ACT Relating to the authority of port districts to provide telecommunications services;

andamending creatingRCW a53.08.370; new section.BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:NEW SECTION.  Sec. 1.  The legislature finds that:(1) Adequate access to telecommunications facilities and services is essential to the economic well-being of communities in Washington state.(2) Many communities, particularly in remote areas, do not have adequate access to telecommunications facilities and services.(3) Some communities along the outer borders of the state may be served by a port district that does not fall within the definition of a rural port district, but due to their location, face similar telecommunications service issues.(4) Specifying that port districts in these areas have authority to enter into contracts to attract private telecommunications companies may help to create a sufficient market for the provision of adequate retail telecommunications services.Sec. 2.  RCW 53.08.370 and 2000 c 81 s 7 are each amended to read as follows:(1) Both rural port districts in existence on June 8, 2000, and port districts within a county that has at least one border along the southern, eastern, or northern border of the state may construct, purchase, acquire, develop, finance, lease, license, handle, provide, add to, contract for, interconnect, alter, improve, repair, operate, and maintain any telecommunications facilities within or without the district's limits for the following purposes:(a) For the district's own use;

and creating a new section.BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:NEW SECTION.  Sec. 1.  The legislature finds that:(1) Adequate access to telecommunications facilities and services is essential to the economic well-being of communities in Washington state.(2) Many communities, particularly in remote areas, do not have adequate access to telecommunications facilities and services.(3) Some communities along the outer borders of the state may be served by a port district that does not fall within the definition of a rural port district, but due to their location, face similar telecommunications service issues.(4) Specifying that port districts in these areas have authority to enter into contracts to attract private telecommunications companies may help to create a sufficient market for the provision of adequate retail telecommunications services.Sec. 2.  RCW 53.08.370 and 2000 c 81 s 7 are each amended to read as follows:(1) Both rural port districts in existence on June 8, 2000, and port districts within a county that has at least one border along the southern, eastern, or northern border of the state may construct, purchase, acquire, develop, finance, lease, license, handle, provide, add to, contract for, interconnect, alter, improve, repair, operate, and maintain any telecommunications facilities within or without the district's limits for the following purposes:(a) For the district's own use and for the use of other public bodies, as defined in RCW 39.10.210;

Nothing in this subsection shall be construed to authorize ((rural)) port districts to provide telecommunications services to end users.(2) ((A rural)) ExceptPort as provided in subsection (7) of this section, port districts providing wholesale telecommunications services under this section shall ensure that rates, terms, and conditions for such services are not unduly or unreasonably discriminatory or preferential.

Nothing in chapter 81, Laws of 2000 limits any existing authority of a rural port district under this title.(7) AIn accordance with any other applicable laws, a port district under this section may select a telecommunications company to operate the port district's telecommunications facilities.

Nothing in this subsection (7) is intended to limit or otherwise restrict any other authority provided by law.(8)law.--- AEND port--- district constructing or operating telecommunications facilities under this section may not construct or operate telecommunications facilities for the provision of telecommunications service in areas already served by a telecommunications provider that is offering broadband service as defined by the federal communications commission, unless the port district has constructed telecommunications facilities capable of providing broadband service to at least fifty percent of the total unserved or underserved end users located within the port district's limits.Sec. 3.  RCW 53.08.380 and 2000 c 81 s 9 are each amended to read as follows:(1) A person or entity that has requested wholesale telecommunications services from a rural port district or port district as identified in RCW 53.08.370(1) may petition the commission under the procedures set forth in RCW 80.04.110 (1) through (3) if it believes the district's rates, terms, and conditions are unduly or unreasonably discriminatory or preferential, except as provided in RCW 53.08.370.

The person or entity shall provide the district notice of its intent to petition the commission and an opportunity to review within thirty days the rates, terms, and conditions as applied to it prior to submitting its petition.

In determining whether a district is providing discriminatory or preferential rates, terms, and conditions, the commission may consider such matters as service quality, technical feasibility of connection points on the district's telecommunications facilities, time of response to service requests, system capacity, and other matters reasonably related to the provision of wholesale telecommunications services.

If the commission, after notice and hearing, determines that a rural port district's rates, terms, and conditions are unduly or unreasonably discriminatory or preferential, it shall issue a final order finding noncompliance with this section and setting forth the specific areas of apparent noncompliance.

An order imposed under this section shall be enforceable in any court of competent jurisdiction.(2) The commission may order a rural port district or port district as identified in RCW 53.08.370(1) to pay a share of the costs incurred by the commission in adjudicating or enforcing this section.(3) Without limiting other remedies at law or equity, the commission and prevailing party may also seek injunctive relief to compel compliance with an order.(4) Nothing in this section shall be construed to affect the commission's authority and jurisdiction with respect to actions, proceedings, or orders permitted or contemplated for a state commission under the federal telecommunications act of 1996, P.L.

104-104 (110 Stat.

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