Washington § 80.36.330 - Classification as competitive telecommunications companies, services — Effective competition defined — Minimal regulation — Prices and rates — Reclassification — Waiver of provisions during state of emergency.

Full text of Washington Revised Code of Washington § 80.36.330 — Classification as competitive telecommunications companies, services — Effective competition defined — Minimal regulation — Prices and rates — Reclassification — Waiver of provisions during state of emergency., with citation guidance and answers to common questions.

§ 80.36.330. Classification as competitive telecommunications companies, services — Effective competition defined — Minimal regulation — Prices and rates — Reclassification — Waiver of provisions during state of emergency.

(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

(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 s 409; 2007 c 26 s 1; 2006 c 347 s 4; 2003 c 189 s 4; 1998 c 337 s 6; 1989 c 101 s 16; 1985 c 450 s 5.]

Notes

Part headings not law—2008 c 181: See note following RCW 43.06.220.

Source: official Washington text · Last verified 2026-08-27

Frequently Asked Questions About Washington § 80.36.330

What does Revised Code of Washington § 80.36.330 cover?

Section 80.36.330 ("Classification as competitive telecommunications companies, services — Effective competition defined — Minimal regulation — Prices and rates — Reclassification — Waiver of provisions during state of emergency.") is part of the Revised Code of Washington, the codified statutory law of Washington. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Washington § 80.36.330?

A common citation format is "Revised Code of Washington § 80.36.330" (Washington). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Washington law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Washington official source linked on this page or consult a licensed Washington attorney.

How does Washington § 80.36.330 apply to my situation?

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Sources & Verification

Official text of § 80.36.330 at the Washington source

Not legal advice. Verify against the official source and consult a licensed attorney in Washington.