Energy & Telecommunications

The following bills are still moving and are in the either the House or Senate Rules Committee:

• Transmission Siting (SHB 1037)
• Sustainable Energy Trust (SHB 1032)
• Net Metered Aggregation (SHB 1140)
• Mitigating the Impacts of Climate Change (ESSB 6001)

Anaerobic Digestion (E2SHB 1035); however, failed to make it out of the Senate Ways and Means Committee and is considered dead for the session.

Competitive Classification of Telecommunications Services (SHB 2103)

Under this proposal, the WUTC may consider the number and size of alternative providers of telecommunications services not subject to WUTC's jurisdiction in addition to those that are regulated by the WUTC, when determining whether a competitive telecommunications service is subject to effective competition.

A noncompetitive telecommunications company may petition the WUTC to have packages or bundles of telecommunications services subject to minimal regulation. The WUTC must grant the petition if:

• each noncompetitive service in the packages or bundle is readily and separately available to customers at fair, just, and reasonable prices;
• the price of the package or bundle is equal to or greater than the cost for tariffed services plus the cost of any competitive services as determined by the WUTC; and
• the availability and price of the stand-alone noncompetitive services are displayed in the company's tariff and on its website, consistent with WUTC rules.

The WUTC may waive any regulatory requirement with respect to packages or bundles of telecommunications services if it finds those requirements are no longer necessary to protect public interest. The bill passed the Legislature on April 4 and was delivered to the Governor for signature.

National Organizations File Suit Against the FCC

On April 3, the National League of Cities, along with its national partners, filed law suits against the FCC over its video franchising decision. The new rule (approved in concept by the FCC on December 20, 2006 on a 3-2 vote) spells out the details of far-reaching action which voids or undercuts longstanding local authority, and calls into question hard-won public benefits—including requirements that all residents and businesses be served with advanced technology and that support for community channels be continued as previously agreed.

Alan Fishel with the law firm of Arent Fox, the national organizations' counsel, has provided a summary of the key aspects of the Order.

To view the summary of the Order, please go to the following link: www.nlc.org/ASSETS/A0339E51563E4221821DED1CCDA99C3C/Summary%20of%20FCC%20Order.pdf.

The Order was published in the Federal Register on March 21, 2007. Unless the FCC or a court delays the implementation of the rules and policies adopted in the Order, the Order will become effective thirty (30) days from the date of publication.

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