SB 6034 — Authorizing limited retail telecommunications services for public utility districts that provide only sewer, water, and telecommunications on the effective date of this act.

S-4413.1SUBSTITUTES-3236.4SENATE SENATE BILL 6034State of Washington65th Legislature2018 Regular SessionBy Senate Energy, Environment & Technology (originally sponsored by Senators Rolfes, Sheldon, Angel, Hunt, Chase, Kuderer, and Hasegawa)READHasegawaPrefiled FIRST12/20/17. TIME 02/02/18.AN ACT Relating to authorizing limited retail telecommunications services for public utility districts that provide only sewer, water, and telecommunications on the effective date of this act;

addingRead afirst newtime section01/08/18. to chapter 54.16 RCW;

andReferred adding a new section to chapterCommittee 34.12on RCW.BEEnergy, ITEnvironment ENACTED& BYTechnology.AN THEACT LEGISLATURERelating OF THE STATE OF WASHINGTON:NEW SECTION.  Sec. 1.  A new section is added to chapterauthorizing 54.16limited RCWretail to read as follows:(1) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.(a) "Broadband" means networks of deployed telecommunications equipmentservices and technologies necessary to provide high-speed internet access and other advanced telecommunications services.(b) "Inadequate" means internet retail service that does not meet one hundred percent of the standards detailed in the service level agreement.(c) "Partnership payment structure" means a group of or individual property owners who agree to pay a term payment structure for infrastructure improvements to their property.(d) "Petition" means a formal written request for retail internet service by property owners on the public utility districtdistricts broadband network.(e) "Service level agreement" means a standard agreement, adopted during an open public meeting, between the retail internet service provider and the public utility that describesprovide the required percentage of broadband download and upload speed and system availability, customer service, and transmission time.(2) Any public utility district that, as of the effective date of this section, provides only water, sewer, water, and wholesale telecommunications services in a county with an area less than five hundred square miles and is located west of the Puget Sound may provide end-user internet services to end users on the publiceffective utilitydate district's broadband network located within the public utility district boundaries only when all of the existing providers of end-user internet service on the public utility district's broadband network cease to provide end-user service or provide inadequate end-user service as determined in the manner prescribed by this section.(3)act; Upon receiving a petition meeting the requirements of subsection (4) of this section, a public utility district board of commissioners may hold up to three meetings to:(a) Verify the signature or signatures of the property owners on the petition and certify the petition;(b) Determine and submit findings that the retail internet service available to the petitioners served by the public utility district's broadband network is either nonexistent or inadequate as defined in the service level agreement adopted by the commissioners for all existing internet service providers on the public utility district's broadband network;

and(c)and Byadding resolution,a authorizenew thesection publicto utilitychapter district54.16 toRCW.BE provideIT retailENACTED internetBY serviceTHE toLEGISLATURE endOF usersTHE onSTATE theOF publicWASHINGTON:NEW utilitySECTION.  Sec. 1.  A district'snew broadbandsection network.(4)is Aadded petitionto meetschapter the54.16 requirementsRCW to read as follows:(1) Any public utility district that, as of subsectionthe (3)effective date of this sectionsection, ifprovides itonly iswater, deliveredsewer, toand telecommunications services in a publiccounty utilitywith districtan boardarea ofless commissioners,than declaresfive-hundred thatsquare themiles signatoriesmay onprovide theend publicuser utilitytelecommunications district'sservices broadbandin networkthe havemanner noprescribed orby inadequatethis retailsection.(2) internetUpon servicereceiving providers,a requestspetition meeting the requirements of subsection (3) of this section, a public utility district toboard provideof thecommissioners retailmay internethold service,three andmeetings isor signedhearings byto:(a) oneVerify of the following:(a)signature Aor majoritysignatures ofon athe group,petition includingand homeowners'certify associations,the ofpetition;(b) anyDetermine geographicaland areasubmit withinfindings that the publicretail utilityservice district,available whoto havethe developedindividual aor partnershipthe paymentpetitioners structurein totheir financegeographical broadbandarea deploymentis witheither thenonexistent publicor utilityinadequate; district;

or(b)and(c) AnyBy individualresolution, whoauthorize hasthe developedpublic autility partnershipdistrict paymentto structureprovide toeither financeretail broadbandservice, deploymentconnectivity, withor theboth publicin utilitythe district.(5)area Fordefined in the purposespetition.(3) ofA thispetition section,meets the adequacyrequirements of retailsubsection internet(2) serviceof this section if it is determineddelivered byto measuringa retailpublic internetutility servicedistrict toboard endof userscommissioners, ondeclares that the signatories have no or inadequate retail service providers, requests the public utility district'sdistrict broadbandto networkprovide the retail service, and comparingis itsigned withby serviceone standardsof inthe following:(a) A majority of the publicresidents or businesses in any telecommunications local utility districtdistrict;(b) serviceA levelmajority agreementof useda forgroup, allincluding publichomeowner utilityassociations, districtof networkany providers.geographical area who have developed a partnership payment structure to finance broadband deployment with the public utility district;

Measurementor(c) Any individual who has developed a partnership payment structure to finance broadband deployment with the public utility district.(4) For purposes of this section, the existingadequacy of retail internet service provider'sis determined by measuring retail service mustin bethe quantifiedarea byand measuringcomparing it with service standards in the public utility district service withlevel speedagreement andused capacityfor devicesother andpublic software.utility district network providers.

Additionally,Measurement a retail internet service provider may submit its own assessment of its service level for consideration by the commissionexisting withinretail thirty days of the first meeting conducted under subsection (3) of this section.(6) The commissioners of a public utility district may by resolution authorize the public utility district to provide or contract for provision of internet services to end users on the public utility district's broadband network when it is determined that no service orprovider's inadequate service exists for the individual or petitioners identified in subsection (4) of this section.(7)(a) In case of failure to reach an agreement on the adequacy of retail internet service, the commissioners must requestbe anquantified appointmentby ofmeasuring an administrative law judge under Title 34 RCW to hear the dispute.(b)service The commissioners must provide a written notice, together with aspeed copy of the dispute, and maycapacity requiredevices the disputing parties to attend a hearing before the administrative law judge, at a time and placesoftware. to be specified in the written notice.(c) The place of any such hearing may be the office of the commissioners or another place designated by the commissioners.

TheAdditionally, disputeda informationretail mustservice beprovider presentedmay atsubmit theits hearing.(d)own Uponassessment reviewof andits service level for consideration ofby allthe commission within thirty days of the evidence,first themeeting administrativeor lawhearing judgeconducted mustunder determinesubsection if(2) of this section.(5) If, after reviewing the retailmeasurements internetand evaluating the retail service isprovider's submission, if any, under subsection (4) of this section, a public utility district board of commissioners determines that no or inadequate service exists for the individual or nonexistentpetitioners asidentified definedin subsection (3) of this section, the commission, may by resolution authorize the public utility district to provide or contract for provision of internet connectivity to end users in such area.(6) All rates for retail services offered by a public utility district under this section.section must be fair and nondiscriminatory, except the public utility district may set tiers of service charges based on service demands of the user, including commercial and residential rates.--- END ---

Upon making a determination, the administrative law judge must state findings of fact and must issue and file a determination with the commissioners.(8) Any public utility district providing cable television service under this section must secure a cable television franchise, pay franchise fees, and any applicable taxes to the local cable franchise authority as required by federal law.(9) Nothing in this section may be construed or is intended to confer upon the utilities and transportation commission any authority to exercise jurisdiction over locally regulated utilities.(10) All rates for retail internet services offered by a public utility district under this section must be fair and nondiscriminatory, except the public utility district may set tiers of service charges based on service demands of the end user, including commercial and residential rates.NEW SECTION.  Sec. 2.  A new section is added to chapter 34.12 RCW to read as follows:When requested by the public utility district commissioners, the chief administrative law judge shall assign an administrative law judge to conduct proceedings under section 1 of this act.--- END ---