Universal communications

AN ACT Relating to the state universal communications services 1
program; amending RCW 80.36.300, 80.36.630, 80.36.650, 80.36.660, 2
80.36.670, 80.36.680, 80.36.690, and 80.36.700; providing expiration 3
dates; and declaring an emergency. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
Sec. 1. RCW 80.36.300 and 1985 c 450 s 1 are each amended to 6
read as follows: 7
The legislature declares it is the policy of the state to:8
(1) Preserve affordable universal telecommunications service;9
(2) Maintain and advance the efficiency and availability of 10
telecommunications service; 11
(3) ((Ensure that customers pay only reasonable charges for 12
telecommunications service;13
(4) Ensure that rates for noncompetitive telecommunications 14
services do not subsidize the competitive ventures of regulated 15
telecommunications companies;16
(5))) Upgrade and maintain the state telecommunications 17
infrastructure, including middle and last mile;18
(4) Invest in public safety including, but not limited to, 911, 19
enhanced 911, and next-generation 911 service;20
H-0995.1
HOUSE BILL 1771
State of Washington 69th Legislature 2025 Regular Session
By Representatives Shavers, Volz, Springer, and Paul
Read first time 01/31/25. Referred to Committee on Technology,
Economic Development, & Veterans.
p. 1 HB 1771
(5) Ensure that all areas of the state are at or above the 1
state's broadband goals as described in RCW 43.330.536; and2
(6) Promote diversity in the supply of telecommunications 3
services and products in telecommunications markets throughout the 4
state((; and5
(6) Permit flexible regulation of competitive telecommunications 6
companies and services)). 7
Sec. 2. RCW 80.36.630 and 2019 c 365 s 11 are each amended to 8
read as follows: 9
(1) The definitions in this section apply throughout this section 10
and RCW 80.36.650 through 80.36.690 and 80.36.610 unless the context 11
clearly requires otherwise. 12
(a) "Basic residential service" means those services set out in 13
47 C.F.R. Sec. 54.101 (a) (2011), as it existed on May 13, 2019, and 14
mandatory extended area service approved by the commission.15
(b) "Basic telecommunications services" means the following 16
services: 17
(i) Single-party service; 18
(ii) Voice grade access to the public switched network;19
(iii) Support for local usage; 20
(iv) Dual tone multifrequency signaling (touch-tone);21
(v) Access to emergency services (911); 22
(vi) Access to operator services; 23
(vii) Access to interexchange services; 24
(viii) Access to directory assistance; and 25
(ix) Toll limitation services. 26
(c) "Broadband service" means any service providing advanced 27
telecommunications capability, including internet access and access 28
to high quality voice, data, graphics, or video. 29
(d) "Communications provider" means a provider of communications 30
services that assigns a working telephone number to a final consumer 31
for intrastate wireline or wireless communications services or 32
interconnected voice over internet protocol service, and includes 33
local exchange carriers. 34
(e) "Communications services" includes telecommunications 35
services and information services and any combination thereof.36
(f) "Incumbent local exchange carrier" has the same meaning as 37
set forth in 47 U.S.C. Sec. 251(h). 38
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(g) "Incumbent public network" means the network established by 1
incumbent local exchange carriers for the delivery of communications 2
services to customers that is used by communications providers for 3
origination or termination of communications services by or to 4
customers. 5
(h) "Interconnected voice over internet protocol service" means 6
an interconnected voice over internet protocol service that: (i) 7
Enables real-time, two-way voice communications; (ii) requires a 8
broadband connection from the user's location; (iii) requires 9
internet protocol-compatible customer premises equipment; and (iv) 10
permits users generally to receive calls that originate on the public 11
network and to terminate calls to the public network.12
(i) "Program" means the state universal communications services 13
program created in RCW 80.36.650. 14
(j) "Telecommunications" has the same meaning as defined in 47 15
U.S.C. Sec. 153(43). 16
(k) "Telecommunications act of 1996" means the telecommunications 17
act of 1996 (P.L. 104-104, 110 Stat. 56). 18
(2) This section expires July 1, ((2025)) 2027.19
Sec. 3. RCW 80.36.650 and 2019 c 365 s 12 are each amended to 20
read as follows: 21
(1) A state universal communications services program is 22
established. The program is established ((to protect public safety 23
and welfare )) under the authority of the state to regulate 24
telecommunications under Article XII, section 19 of the state 25
Constitution. The program is established to advance the development 26
of statewide telecommunications infrastructure that is capable of 27
supporting applications such as public safety, telemedicine, services 28
for persons with special needs, distance learning, public library 29
services, access to internet providers, and voice services to ensure 30
access to 911 services. The purpose of the program is to support 31
continued provision of basic telecommunications services under rates, 32
terms, and conditions established by the commission and the 33
provision, enhancement, and maintenance of broadband services, 34
recognizing that, historically, the incumbent public network 35
functions to provide all communications services including, but not 36
limited to, voice and broadband services. 37
(2) Under the program, eligible communications providers may 38
receive distributions from the universal communications services 39
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account created in RCW 80.36.690 in exchange for the affirmative 1
agreement to provide continued telecommunications services under the 2
rates, terms, and conditions established by the commission under this 3
chapter, and broadband services, for the period covered by the 4
distribution. The commission must implement and administer the 5
program under terms and conditions established in RCW 80.36.630 6
through 80.36.690. Expenditures for the program may not exceed five 7
million dollars per fiscal year; provided, however, that if less than 8
five million dollars is expended in any fiscal year, the unexpended 9
portion must be carried over to subsequent fiscal years and, unless 10
fully expended, must be available for program expenditures in such 11
subsequent fiscal years in addition to the five million dollars 12
allotted for each of those subsequent fiscal years.13
(3) Funds from the universal communications services account may 14
be used for the following purposes:15
(a) To provide and upgrade services in areas that do not meet the 16
state's speed goals as defined in RCW 43.330.536;17
(b) To ensure the reliability and integrity of the emergency 18
telecommunications systems;19
(c) For the maintenance of existing telecommunications 20
infrastructure; and21
(d) For other purposes defined by the commission.22
(4) Funds may not be used to overbuild existing infrastructure in 23
areas that receive federal funding and exceeds the states speed goals 24
as defined in RCW 43.330.536.25
(5) A communications provider is eligible to receive 26
distributions from the account if: 27
(a)(i) The communications provider is ((: (A) An)) an incumbent 28
local exchange carrier serving fewer than ((forty thousand )) 20,000 29
access lines in the state ((; or (B) a radio communications service 30
company providing wireless two-way voice communications service and 31
broadband services to less than the equivalent of forty thousand 32
access lines in the state )). For purposes of determining the access 33
line threshold in this subsection, the access lines or equivalents of 34
all wireline affiliates must be counted as a single threshold, if the 35
lines or 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) In order to protect public health, safety, and welfare, the 39
communications provider utilizes battery back-up of the 40
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communications provider's system to ensure time-limited access to 1
emergency services in the event of no access to an electrical power 2
source; 3
(iv) The communications provider is eligible to participate and 4
does participate in a low-income, service affordability program such 5
as the federal lifeline program;6
(v) The communications provider provides access to the state's 7
emergency services programs such as 911, enhanced 911, and next-8
generation 911; and9
(vi) The communications provider meets any other requirements 10
established by the commission pertaining to the provision of 11
communications services, including basic telecommunications services; 12
or 13
(b) The communications provider demonstrates to the commission 14
that the communications provider is able to provide the same or 15
comparable services at the same or similar service quality standards 16
at a lower price; and: (i) Will provide communications services to 17
all customers in the exchange or exchanges in which it will provide 18
service; and (ii) submits to the commission's regulation of its 19
service as if it were the incumbent local exchange company serving 20
the exchange or exchanges for which it seeks distribution from the 21
account. 22
(((4))) (6)(a) Distributions to eligible communications providers 23
are based on criteria established by the commission.24
(b) If the program does not have sufficient funds to fully fund 25
the distribution formula set out in (a) of this subsection, 26
distributions must be reduced on a pro rata basis using the amounts 27
calculated for that year's program support as the basis of the pro 28
rata calculations. 29
(c) To receive a distribution under the program, an eligible 30
communications provider must affirmatively consent to continue 31
providing communications services to its customers under rates, 32
terms, and conditions established by the commission pursuant to this 33
chapter for the period covered by the distribution.34
(((5))) (7) The program is funded from amounts deposited by the 35
legislature in the universal communications services account 36
established in RCW 80.36.690. The commission must operate the program 37
within amounts appropriated for this purpose and deposited in the 38
account. 39
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(((6))) (8) The commission must periodically review the accounts 1
and records of any communications provider that receives 2
distributions under the program to ensure compliance with the program 3
and monitor the providers' use of the funds. 4
(((7) The commission must establish an advisory board, consisting 5
of a reasonable balance of representatives from different types of 6
stakeholders, including but not limited to communications providers 7
and consumers, to advise the commission on any rules and policies 8
governing the operation of the program.9
(8))) (9) The program terminates on June 30, ((2024)) 2027, and 10
no distributions may be made after that date. 11
(((9))) (10) This section expires July 1, ((2025)) 2027.12
Sec. 4. RCW 80.36.660 and 2019 c 365 s 13 are each amended to 13
read as follows: 14
(1) To implement the program, the commission must adopt rules for 15
the following purposes: 16
(a) Operation of the program, including criteria for: Eligibility 17
for distributions; use of the funds; identification of any reports or 18
data that must be filed with the commission, including, but not 19
limited to, how a communication provider used the distributed funds; 20
and the communications provider's infrastructure; 21
(b) Operation of the universal communications services account 22
established in RCW 80.36.690; 23
(c) Establishment of the criteria used to calculate 24
distributions; and 25
(d) Readoption, amendment, or repeal of any existing rules 26
adopted pursuant to RCW 80.36.610 as necessary to be consistent with 27
RCW 80.36.630 through 80.36.690 and 80.36.610. 28
(2) This section expires July 1, ((2025)) 2027.29
Sec. 5. RCW 80.36.670 and 2019 c 365 s 14 are each amended to 30
read as follows: 31
(1) In addition to any other penalties prescribed by law, the 32
commission may impose penalties for failure to make or delays in 33
making or filing any reports required by the commission for 34
administration of the program. In addition, the commission may 35
recover amounts determined to have been improperly distributed under 36
RCW 80.36.650. For the purposes of this section, the provisions of 37
RCW 80.04.380 through 80.04.405, inclusive, apply to all companies 38
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that receive support from the universal communications services 1
account created in RCW 80.36.690. 2
(2) Any action taken under this section must be taken only after 3
providing the affected communications provider with notice and an 4
opportunity for a hearing, unless otherwise provided by law.5
(3) Any amounts recovered under this section must be deposited in 6
the universal communications services account created in RCW 7
80.36.690. 8
(4) This section expires July 1, ((2025)) 2027.9
Sec. 6. RCW 80.36.680 and 2019 c 365 s 15 are each amended to 10
read as follows: 11
(1) The commission may delegate to the commission secretary or 12
other staff the authority to resolve disputes and make other 13
administrative decisions necessary to the administration and 14
supervision of the program consistent with the relevant statutes and 15
commission rules. 16
(2) This section expires July 1, ((2025)) 2027.17
Sec. 7. RCW 80.36.690 and 2019 c 365 s 16 are each amended to 18
read as follows: 19
(1) The universal communications services account is created in 20
the custody of the state treasurer. Revenues to the account consist 21
of moneys deposited in the account by the legislature and any 22
penalties or other recoveries received pursuant to RCW 80.36.670. 23
Expenditures from the account may be used only for the purposes of 24
the universal communications services program established in RCW 25
80.36.650 and commission expenses related to implementation and 26
administration of the provisions of RCW 80.36.630 through 80.36.690 27
and section 212, chapter 8, Laws of 2013 2nd sp. sess. Only the 28
secretary of the commission or the secretary's designee may authorize 29
expenditures from the account. The account is subject to allotment 30
procedures under chapter 43.88 RCW, but an appropriation is not 31
required for expenditures. 32
(2) This section expires July 1, ((2025)) 2027.33
Sec. 8. RCW 80.36.700 and 2019 c 365 s 17 are each amended to 34
read as follows: 35
(1) The universal communications services program established in 36
RCW 80.36.630 through 80.36.690 terminates on June 30, 2024.37
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(2) This section expires July 1, ((2025)) 2027.1
NEW SECTION. Sec. 9. This act is necessary for the immediate 2
preservation of the public peace, health, or safety, or support of 3
the state government and its existing public institutions, and takes 4
effect immediately.5
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