Other LanguagesCommission may accept tariff filings but the mere acceptance thereof where another company already has on file a tariff and exchange area map for the same area would not give the company filing the second tariff and map any rights in the area by the mere filing of the tariff.
(1) A telephone company granted a franchise under RCW 80.36.040 for telephone lines does not need a franchise from a city or county to operate a community antenna television system where such operations are to be carried out with facilities otherwise qualifying as telephone lines. Where a telephone company does not hold a franchise under RCW 80.36.040, or proposes to use facilities not otherwise qualifying as telephone lines, cities or counties have the authority to require such company to obtain a municipal franchise as a condition precedent to its use of the public rights of way. (2) Ordinance No. 844 of the city of Snohomish allows the West Coast Telephone Company to operate a community antenna television system without further authority from said city if such operations are to be conducted over facilities otherwise qualifying as telephone lines. (3) The leasing of space on telephone poles of the telephone company to an affiliated interest is subject to the requirements of RCW 80.16.020. (4) The leasing of community antenna television cable by a telephone company to an affiliated interest is subject to the requirements of RCW 80.16.020.
The right arising from the filing and acceptance of an exchange area map imposes on the company, not only the right, but the obligation to serve the area embraced therein. In the situation at Richland, that right has been transferred to successor companies, and persists as an exclusive right until modified by appropriate administrative action. Justification for dual exchange area maps must be determined by the Commission on the evidence in each case. Disposition of physical telephone plant by the Federal Government cannot extinguish rights arising under an exchange area map pursuant to state law under the facts pertaining to the Richland situation.