(1) For purposes of compliance with
section 2, chapter 262, Laws of 2008 or any subsequent high-speed
internet deployment and adoption initiative, the department of
information services, the department of community, trade, and
economic development, the utilities and transportation
commission, and any other government agent or agency shall not
gather or request any information related to high-speed internet
infrastructure or service from providers of telecommunications or
high-speed internet services that is classified by the provider
as proprietary or competitively sensitive.
(2) Nothing in this section may be construed as limiting the
authority of a state agency or local government to gather or
request information from providers of telecommunications or
high-speed internet services for other purposes pursuant to its
statutory authority.
[2008 c 262 § 3.]
NOTES:
Findings -- Intent -- 2008 c 262: "(1) The legislature finds
and declares the following:
(a) The deployment and adoption of high-speed internet
services and information technology has resulted in enhanced
economic development and public safety for the state's
communities, improved health care and educational opportunities,
and a better quality of life for the state's residents;
(b) Continued progress in the deployment and adoption of
high-speed internet services and other advanced
telecommunications services, both land-based and wireless, is
vital to ensuring Washington remains competitive and continues to
create business and job growth; and
(c) That the state must encourage and support strategic
partnerships of public, private, nonprofit, and community-based
sectors in the continued growth and development of high-speed
internet services and information technology for state residents
and businesses.
(2) Therefore, in order to begin advancing the state towards
further growth and development of high-speed internet in the
state, and to ensure a better quality of life for all state
residents, it is the legislature's intent to conduct a statewide
needs assessment of broadband internet resources through an open
dialogue with all interested parties, including providers,
unions, businesses, community organizations, local governments,
and state agencies. The legislature intends to use this needs
assessment in guiding future plans on how to ensure that every
resident in Washington state may gain access to high-speed
internet services and, as part of this effort, to address digital
literacy and technology training needs of low-income and
technology underserved residents of the state through state
support of community technology programs." [2008 c 262 § 1.]
High-speed internet deployment and adoption strategy -- Work
group -- Report -- 2008 c 262: "(1) After the broadband study
authorized by the legislature in 2007 has been completed, or by
July 15, 2008, the department of information services, in
coordination with the department of community, trade, and
economic development and the utilities and transportation
commission, shall convene a work group to develop a high-speed
internet deployment and adoption strategy for the state.
(2) The department of information services shall invite
representatives from the following organizations to participate
in the work group:
(a) Representatives of public, private, and nonprofit
agencies and organizations representing economic development,
local community development, local government, community
planning, technology planning, education, and health care;
(b) Representatives of telecommunications providers,
technology companies, telecommunications unions, public
utilities, and relevant private sector entities;
(c) Representatives of community-based organizations; and
(d) Representatives of other relevant entities as the
department of information services may deem appropriate.
(3) The department of information services shall, in
consultation with the work group, develop a high-speed internet
deployment and adoption strategy to accomplish the following
objectives:
(a) Create and regularly update a detailed, geographic
information system map at the census block level of the
high-speed internet services and other relevant
telecommunications and information technology services owned or
leased by public entities in the state with instructions on how
proprietary and competitively sensitive data will be handled,
stored, and used. Development of this geographic information
system map may include collaboration with students and faculty at
community colleges and universities in the state. The statewide
inventory must, at a minimum, detail:
(i) The physical location of all high-speed internet
infrastructure owned or leased by public entities;
(ii) The amount of excess capacity available; and
(iii) Whether the high-speed internet infrastructure is
active or inactive;
(b) Work collaboratively with telecommunications providers
and internet service providers to assess, create, and regularly
update a geographic information system map at the census block
level of the privately owned high-speed internet infrastructure
in the state, with instructions on how proprietary and
competitively sensitive data will be handled, stored, and used;
(c) Combine the geographic information system map of
high-speed internet infrastructure owned by public entities with
the geographic information system map of high-speed internet
infrastructure owned by private entities to create and regularly
update a statewide inventory of all high-speed internet
infrastructure in the state;
(d) Use the geographic information system map of all
high-speed internet infrastructure in the state, both public and
privately owned or leased, to identify and regularly update the
geographic gaps in high-speed internet service, including an
assessment of the population located in each of the geographic
gaps;
(e) Spur the development of high-speed internet resources in
the state, which may include, but is not limited to, soliciting
funding in the form of grants or donations; establishing
technology literacy programs in conjunction with institutions of
higher education; establishing low-cost hardware and software
purchasing programs; and developing loan programs targeting small
businesses or businesses located in underserved areas;
(f) Track statewide residential and business adoption of
high-speed internet, computers, and related information
technology, including an identification of barriers to adoption;
(g) Build and facilitate local technology planning teams and
partnerships with members representing cross-sections of the
community, which may include participation from the following
organizations: Representatives of business, telecommunications
unions, K-12 education, community colleges, local economic
development organizations, health care, libraries, universities,
community-based organizations, local governments, tourism, parks
and recreation, and agriculture;
(h) Use the local technology planning teams and partnerships
to:
(i) Conduct a needs assessment; and
(ii) Work collaboratively with high-speed internet providers
and technology companies across the state to encourage deployment
and use, especially in unserved areas, through use of local
demand aggregation, mapping analysis, and creation of market
intelligence to improve the investment rationale and business
case; and
(i) Work with Washington State University extension pursuant
to section 6 of this act to establish low-cost programs to
improve computer ownership, technology literacy, and high-speed
internet access for disenfranchised or unserved populations
across the state.
(4) By September 1, 2008, the department of information
services shall provide a status update to the telecommunications
committees in the house of representatives and the senate,
outlining the progress made to date by the work group and the
issues remaining to be considered.
(5) By December 1, 2008, the department of information
services shall complete the high-speed internet deployment and
adoption strategy and provide a report to the fiscal and
telecommunications committees in the house of representatives and
the senate, the governor, and the office of financial management.
The main objective of the report is to outline, based on the
efforts of the work group, what legislation is needed in order to
implement the high-speed internet deployment and adoption
strategy, including a range of potential funding requests to
accompany the legislation. Specifically, the report shall
include the following:
(a) Benchmarks, performance measures, milestones,
deliverables, timelines, and such other indicators of performance
and progress as are necessary to guide development and
implementation of the high-speed internet deployment and adoption
strategy, both short term and long term, including an assessment
of the amount of funding needed to accomplish a baseline
assessment of the high-speed internet infrastructure owned by
public and private entities of the state in an eighteen-month
period; and
(b) Ways to structure and appropriately scale and phase
development and implementation of the high-speed internet
deployment and adoption strategy so as to link to, leverage, and
otherwise synchronize with other relevant and related funding,
technology, capital initiatives, investments, and opportunities."
[2008 c 262 § 2.]