Session of 1998
By Committee on Ways and Means
            9             AN ACT concerning the telecommunications act; relating to competition
10             in rural areas; amending K.S.A. 1997 Supp. 66-2004 and repealing the
11             existing section.
13       Be it enacted by the Legislature of the State of Kansas:
14           Section 1. K.S.A. 1997 Supp. 66-2004 is hereby amended to read as
15       follows: 66-2004. (a) Pursuant to subsection (f)(1) of section 251 of the
16       federal act, the obligations of an incumbent local exchange carrier, which
17       include the duty to negotiate interconnection, unbundled access, resale,
18       notice of changes and collocation pursuant to subsection (c) of section
19       251 of the federal act, shall not apply to a rural telephone company unless
20       such company has received a bona fide request for interconnection, serv-
21       ices or network elements and the commission determines that such re-
22       quest is not unduly economically burdensome, is technically feasible and
23       preserves and enhances universal service except if the request is made
24       under the circumstances described in subsection (f).
25           (b) On July 1, 1996, the commission shall initiate a rulemaking pro-
26       cedure to adopt guidelines to ensure that all telecommunications carriers
27       and local exchange carriers preserve and enhance universal service, pro-
28       tect the public safety and welfare, ensure the continued quality of tele-
29       communications services and safeguard the rights of consumers. The
30       preservation and advancement of universal service shall be a primary con-
31       cern. The commission shall issue the guidelines no later than December
32       31, 1996.
33           (c) Pursuant to subsection (f) of section 253 of the federal act, any
34       telecommunications carrier that seeks to provide telephone exchange
35       service or local exchange access in a service area served by a rural tele-
36       phone company shall meet the requirements of subsection (e)(1) of sec-
37       tion 214 of the federal act for designation as an eligible telecommunica-
38       tions carrier for that area before being permitted by the commission to
39       provide such service; however, the guidelines shall be consistent with the
40       provisions of subsection (f) (1) and (2) of section 253 of the federal act.
41           (d) The commission may grant a certificate to provide local exchange
42       or exchange access service in the service area of a rural telephone com-
43       pany if, among other issues to be considered by the commission, the

SB 678


  1       application for such certificate complies with commission guidelines is-
  2       sued pursuant to subsection (b).
  3           (e) Any restrictions established by the commission for rural entry of
  4       competitors or for resale and unbundling of services shall not apply to
  5       any service area of a rural telephone company if such company, or an
  6       entity in which such company directly or indirectly owns an equity interest
  7       of 10% or more, provides local exchange or exchange access service, as
  8       authorized under K.S.A. 1997 Supp. 60-2003 and this section, in any area
  9       of the state outside of its local exchange areas, as approved by the com-
10       mission on or before January 1, 1996, and outside of any area in which it
11       is the successor to the local exchange carrier serving such area on or
12       before January 1, 1996.
13           (f) Notwithstanding any other provision of this section, in the event
14       that a rural telephone company offers cable television service in its service
15       area in competition with an incumbent cable television provider, the rural
16       telephone company shall be required to carry out its obligations under
17       section 251 of the federal act as required by subsection (f)(1)(C) of section
18       251 of the federal act to the cable television provider if the cable television
19       provider has been certificated by the commission pursuant to K.S.A. 66-
20       2003, and amendments thereto, or if the cable television provider is al-
21       ready certificated by the commission to offer local exchange or exchange
22       access in another geographic region of the state. This subsection shall be
23       subject to the limitation set out in subsection (f)(1)(C) of section 251 of
24       the federal act with regards to providers of video programming on the
25       date of enactment of the federal act.
26           Sec. 2. K.S.A. 1997 Supp. 66-2004 is hereby repealed.
27           Sec. 3. This act shall take effect and be in force from and after its
28       publication in the statute book.