(1) The commission may classify a telecommunications
service provided by a telecommunications company as a competitive
telecommunications service if the service is subject to effective
competition. Effective competition means that customers of the
service have reasonably available alternatives and that the
service is not provided to a significant captive customer base.
In determining whether a service is competitive, factors the
commission shall consider include but are not limited to:
(a) The number and size of alternative providers of
services, including those not subject to commission jurisdiction;
(b) The extent to which services are available from
alternative providers in the relevant market;
(c) The ability of alternative providers to make
functionally equivalent or substitute services readily available
at competitive rates, terms, and conditions; and
(d) Other indicators of market power, which may include
market share, growth in market share, ease of entry, and the
affiliation of providers of services.
(2) Competitive telecommunications services are subject to
minimal regulation. The commission may waive any regulatory
requirement under this title for companies offering a competitive
telecommunications service when it determines that competition
will serve the same purposes as public interest regulation. The
commission may waive different regulatory requirements for
different companies if such different treatment is in the public
interest. A company offering a competitive telecommunications
service shall at a minimum:
(a) Keep its accounts according to rules adopted by the
commission;
(b) File financial reports for competitive
telecommunications services with the commission as required by
the commission and in a form and at times prescribed by the
commission; and
(c) Cooperate with commission investigations of customer
complaints.
(3) Prices or rates charged for competitive
telecommunications services shall cover their cost. The
commission shall determine proper cost standards to implement
this section, provided that in making any assignment of costs or
allocating any revenue requirement, the commission shall act to
preserve affordable universal telecommunications service.
(4) The commission may investigate prices for competitive
telecommunications services upon complaint. In any complaint
proceeding initiated by the commission, the telecommunications
company providing the service shall bear the burden of proving
that the prices charged cover cost, and are fair, just, and
reasonable.
(5) Telecommunications companies shall provide the
commission with all data it deems necessary to implement this
section.
(6) No losses incurred by a telecommunications company in
the provision of competitive services may be recovered through
rates for noncompetitive services. The commission may order
refunds or credits to any class of subscribers to a
noncompetitive telecommunications service which has paid
excessive rates because of below cost pricing of competitive
telecommunications services.
(7) The commission may reclassify any competitive
telecommunications service if reclassification would protect the
public interest.
(8) The commission may waive the requirements of RCW 80.36.170 and 80.36.180 in whole or in part for a service
classified as competitive if it finds that competition will serve
the same purpose and protect the public interest.
(9) During a state of emergency declared under RCW 43.06.010(12), the governor may waive or suspend the operation or
enforcement of this section or any portion of this section or
under any administrative rule, and issue any orders to facilitate
the operation of state or local government or to promote and
secure the safety and protection of the civilian population.
[2008 c 181 § 409; 2007 c 26 § 1; 2006 c 347 § 4; 2003 c 189 § 4; 1998 c 337 § 6; 1989 c 101 § 16; 1985 c 450 § 5.]
NOTES:
Part headings not law -- 2008 c 181: See note following RCW 43.06.220.
Severability -- 1998 c 337: See note following RCW 80.36.600.