1. Public utility districts and port districts lack authority to sell “excess capacity” telecommunications services to “end users”. 2. RCW 54.16.330 and RCW 53.08.370 preclude public utility districts and port districts, respectively, from offering telecommunications services or facilities to “end users” under any circumstances. 3. The Interlocal Cooperation Act, RCW 39.34, does not authorize public utility districts or port districts, through interlocal agreement, to offer telecommunications services or facilities to other governmental units where the other unit is an “end user” of such services or facilities.
Those counties and cities that have “home rule” powers (that is, charter counties, first class cities, and cities operating under the Optional Municipal Code) have authority to provide telecommunications services to their residents; other cities, towns, and counties lack this authority.