Revised Code of Washington

Wash. Rev. Code § 80.36.320 (2026)

✓ current as of May 2026

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(1) The commission shall classify a telecommunications company as a competitive telecommunications company if the services it offers are subject to effective competition. Effective competition means that the company's customers have reasonably available alternatives and that the company does not have a significant captive customer base. In determining whether a company is competitive, factors the commission shall consider include but are not limited to:

(a) The number and sizes of alternative providers of service;

(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.

The commission shall conduct the initial classification and any subsequent review of the classification in accordance with such procedures as the commission may establish by rule.

(2) Competitive telecommunications companies shall be subject to minimal regulation. The commission may waive any regulatory requirement under this title for competitive telecommunications companies 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 competitive telecommunications company shall at a minimum:

(a) Keep its accounts according to regulations as determined by the commission;

(b) File financial reports with the commission as required by the commission and in a form and at times prescribed by the commission; and

(3) The commission may revoke any waivers it grants and may reclassify any competitive telecommunications company if the revocation or reclassification would protect the public interest.

(4) The commission may waive the requirements of RCW 80.36.170 and 80.36.180 in whole or in part for a competitive telecommunications company if it finds that competition will serve the same purpose and protect the public interest.

(5) 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 408; 2006 c 347 s 3; 2003 c 189 s 3; 1998 c 337 s 5; 1989 c 101 s 15; 1985 c 450 s 4.]

Notes:

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

Notes of Decisions

Cited in 6 cases (1 in the last 5 years), 1989–2025 · leading case: Elec. Lightwave, Inc. v. Utils. & Transp. Comm'n, 869 P.2d 1045 (Wash. 1994).

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Elec. Lightwave, Inc. v. Utils. & Transp. Comm'n, 869 P.2d 1045 (Wash. 1994). · cites it 6× “The Trial Courts Decision Affirming The Commission’s Grant of "Competitive” Status to DDS Is Affirmed RCW 80.36.320(1) requires the Commission to consider various factors before classifying a company as "competitive”: In determining whether a company is competitive, factors the…”

US West Commc'ns, Inc. v. Utils. & Transp. Comm'n, 937 P.2d 1326 (Wash. Ct. App. 1997). · cites it 11× “320 provides in pertinent part: The commission shall classify a telecommunications company providing service in a relevant market as a competitive telecommunications company if it finds, after notice and hearing, that the telecommunications company has demonstrated that the…”

INDOOR BILLBOARD WASHINGTON, INC. v. Integra Telecom of Washington, Inc., 170 P.3d 10 (Wash. 2007). · cites it 2× “Integra is a competitive telecommunications company (CTC) [4] under former RCW 80.36.320 (2003) [5] and, therefore, not subject to the provisions of 47 C.”

Indoor Billboard/Washington, Inc. v. Integra Telecom of Washington, Inc., 162 Wash. 2d 59 (Wash. 2007). · cites it 2× “Integra is a competitive telecommunications company (CTC) 4 under former RCW 80.36.320 (2003) 5 and, therefore, not subject to the provisions of 47 C.”

Am. Network, Inc. v. Utils. & Transp. Comm'n, 776 P.2d 950 (Wash. 1989). “" RCW 80.36.320(2). The statute also gives the Utilities and Transportation Commission discretion to waive various regulatory requirements for those companies.”

Centurylink Comm. Llc, V. Wa Utils. & Transp. Comm'n (Wash. Ct. App. 2025). “Indeed, although the Commission is required under RCW 80.36.320 to “classify a telecommunications company as a competitive telecommunications company” subject to minimal regulation if “customers have reasonably available alternatives and … the company does not have a significant…”

— Wash. Rev. Code § 80.36.320(1) — 2 cases

Elec. Lightwave, Inc. v. Utils. & Transp. Comm'n, 869 P.2d 1045 (Wash. 1994). “The Trial Courts Decision Affirming The Commission’s Grant of "Competitive” Status to DDS Is Affirmed RCW 80.36.320(1) requires the Commission to consider various factors before classifying a company as "competitive”: In determining whether a company is competitive, factors the…”

US West Commc'ns, Inc. v. Utils. & Transp. Comm'n, 937 P.2d 1326 (Wash. Ct. App. 1997). “320 provides in pertinent part: The commission shall classify a telecommunications company providing service in a relevant market as a competitive telecommunications company if it finds, after notice and hearing, that the telecommunications company has demonstrated that the…”

— Wash. Rev. Code § 80.36.320(2) — 3 cases

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