RCW 54.16.340
Wholesale telecommunications services—Petition for review of rates, terms, conditions.
(1) A person or entity that has requested wholesale telecommunications services from a public utility district providing wholesale telecommunications services under this chapter 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. The person or entity shall provide the public utility 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, cost of service, technical feasibility of connection points on the district's 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 public utility 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 public utility district to pay a share of the costs incurred by the commission in connection with adjudicating or enforcing the provisions of 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. 56).
[ 2000 c 81 § 5.]
NOTES:
Findings—2000 c 81: See note following RCW 53.08.005.
Structure Revised Code of Washington
Title 54 - Public Utility Districts
54.16.010 - Surveys, plans, investigations, or studies.
54.16.020 - Acquisition of property and rights—Eminent domain.
54.16.030 - Water and irrigation works.
54.16.035 - Provision of water service beyond district subject to review by boundary review board.
54.16.080 - Levy and collection of taxes—Tax anticipation warrants.
54.16.083 - Community revitalization financing—Public improvements.
54.16.092 - Employment interview expenses.
54.16.095 - Liability insurance for officials and employees.
54.16.100 - Manager—Appointment—Compensation—Duties.
54.16.110 - May sue and be sued—Claims.
54.16.120 - Local utility districts authorized.
54.16.130 - Local districts—Procedure—Financing.
54.16.140 - Petition or resolution for local district—Hearing—Notice.
54.16.150 - Procedure when petition is signed by majority of landowners.
54.16.160 - Assessment roll—Hearing—Appellate review—Expenses.
54.16.165 - Segregation of assessments.
54.16.170 - Apportionment of cost of improvement.
54.16.190 - General resolutions.
54.16.200 - Joint exercise of powers and joint acquisition of properties.
54.16.220 - Columbia river hydroelectric projects—Grant back of easements to former owners.
54.16.230 - Sewage system works—Acquire, construct, operate, etc.—Authorizing election—Procedure.
54.16.240 - Sewage system works—Resolution or petition—Voter approval or rejection.
54.16.250 - Sewage system works—Ballot proposition—Canvass.
54.16.260 - Sewage system works—Accounts and funding.
54.16.270 - Sewage system works—Existing authority not affected.
54.16.281 - Energy conservation—Utility cool roof program—Tree planting program.
54.16.285 - Limitations on termination of utility service for residential heating.
54.16.300 - Combined utility functions.
54.16.320 - Assumption of substandard water system—Limited immunity from liability.
54.16.340 - Wholesale telecommunications services—Petition for review of rates, terms, conditions.
54.16.350 - Tariff for irrigation pumping service—Authority to buy back electricity.
54.16.360 - Cooperative watershed management.
54.16.370 - Purchase of electric power and energy from joint operating agency.
54.16.380 - Appliance repair service—Operation by district.
54.16.385 - Appliance repair service—Requirements.
54.16.390 - Environmental mitigation activities.
54.16.400 - Voluntary donations for purposes of urban forestry.
54.16.405 - Voluntary donations for purpose of supporting hunger programs.
54.16.415 - Retail telecommunications services—Reporting requirements.
54.16.425 - Retail telecommunications services—Payment in lieu of property tax.
54.16.430 - Electrification of transportation plan—Considerations—Incentive programs.