Revised Code of Washington

Wash. Rev. Code § 80.36.110 (2026)

Tariff changes—Statutory notice—Exception—Waiver of provisions during state of emergency

✓ current as of May 2026

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(1) Except as provided in subsection (2) of this section, unless the commission otherwise orders, no change shall be made in any rate, toll, rental, or charge, that was filed and published by any telecommunications company in compliance with the requirements of RCW 80.36.100, except after notice as required in this subsection.

(a) For changes to any rate, toll, rental, or charge filed and published in a tariff, the company shall provide thirty days' notice to the commission and publication for thirty days as required in the case of original schedules in RCW 80.36.100. The notice shall plainly state the changes proposed to be made in the schedule then in force, and the time when the changed rate, toll, or charge will go into effect, and all proposed changes shall be shown by printing, filing and publishing new schedules, or shall be plainly indicated upon the schedules in force at the time and kept open to public inspection. Proposed changes may be suspended by the commission within thirty days or before the stated effective date of the proposed change, whichever is later.

(b) The commission for good cause shown may allow changes in rates, charges, tolls, or rentals without requiring the notice and publication provided for in (a) of this subsection, by an order or rule specifying the change to be made and the time when it takes effect, and the manner in which the change will be filed and published.

(c) When any change is made in any rate, toll, rental, or charge, the effect of which is to increase any rate, toll, rental, or charge then existing, attention shall be directed on the copy filed with the commission to the increase by some character immediately preceding or following the item in the schedule, which character shall be in such a form as the commission may designate.

(2)(a) A telecommunications company may file a tariff that decreases any rate, charge, rental, or toll with ten days' notice to the commission and publication without receiving a special order from the commission when the filing does not contain an offsetting increase to another rate, charge, rental, or toll, and the filing company agrees not to file for an increase to any rate, charge, rental, or toll to recover the revenue deficit that results from the decrease for a period of one year.

(b) A telecommunications company may file a promotional offering to be effective, without receiving a special order from the commission, upon filing with the commission and publication. For the purposes of this section, "promotional offering" means a tariff that, for a period of up to ninety days, waives or reduces charges or conditions of service for existing or new subscribers for the purpose of retaining or increasing the number of customers who subscribe to or use a service.

[(3)] 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 403; 2006 c 347 s 2; 2003 c 189 s 2; 1997 c 166 s 1. Prior: 1989 c 152 s 2; 1989 c 101 s 10; 1985 c 450 s 25; 1961 c 14 s 80.36.110; prior: 1911 c 117 s 37; RRS s 10373.]

Notes:

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

Notes of Decisions

Cited in 5 cases, 1985–2003 · leading case: Washington Indep. Tel. Ass'n v. Utils. & Transp. Comm'n, 64 P.3d 606 (Wash. 2003).

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Washington Indep. Tel. Ass'n v. Utils. & Transp. Comm'n, 64 P.3d 606 (Wash. 2003). · cites it 2× “[6] Moreover, it is both state and federal policy that telecommunications service be provided in all areas at affordable and comparable rates, i.”

Washington Indep. Tel. Ass'n v. Washington Utils. & Transp. Comm'n, 148 Wash. 2d 887 (Wash. 2003). · cites it 2× “6 Moreover, it is both state and federal policy that telecommunications service be provided in all areas at affordable and comparable rates, i.”

City of Auburn v. U S West Commc'ns, Inc., 79 F. Supp. 2d 1214 (W.D. Wash. 1999). “U S West’s rates, services, facilities and practices are under the regulation of the Washington Utilities and Transportation Commission (‘WUTC”). RCW 80.01.040(3). U S West is required to file with the WUTC a tariff, a schedule of rates and services.”

Washington Indep. Tel. Ass'n v. Washington Utils. & Transp. Comm'n, 39 P.3d 342 (Wash. Ct. App. 2002). · cites it 4× “RCW 80.36.110. The notice must plainly state the changes proposed and when the new rate will go into effect.”

Gen. Tel. Co. of Nw., Inc. v. City of Bothell, 693 P.2d 215 (Wash. Ct. App. 1985). “1 On June 25, 1977 General, in accordance with RCW 80.36.110, filed an amended tariff with the State Utilities and Transportation Commission which required that those requesting telephone facilities be relocated underground pay the cost of relocation.”

— Wash. Rev. Code § 80.36.110(1) — 2 cases

Washington Indep. Tel. Ass'n v. Utils. & Transp. Comm'n, 64 P.3d 606 (Wash. 2003). “[6] Moreover, it is both state and federal policy that telecommunications service be provided in all areas at affordable and comparable rates, i.”

Washington Indep. Tel. Ass'n v. Washington Utils. & Transp. Comm'n, 148 Wash. 2d 887 (Wash. 2003). “6 Moreover, it is both state and federal policy that telecommunications service be provided in all areas at affordable and comparable rates, i.”

— Wash. Rev. Code § 80.36.110(2) — 1 case

Washington Indep. Tel. Ass'n v. Washington Utils. & Transp. Comm'n, 39 P.3d 342 (Wash. Ct. App. 2002). “RCW 80.36.110. The notice must plainly state the changes proposed and when the new rate will go into effect.”

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