Session of 1999
By Committee on Utilities

  9             AN  ACT concerning telecommunications; relating to enhanced universal
10             service; amending K.S.A. 1998 Supp. 66-1,187 and repealing the ex-
11             isting section.
13       Be it enacted by the Legislature of the State of Kansas:
14             Section  1. K.S.A. 1998 Supp. 66-1,187 is hereby amended to read as
15       follows: 66-1,187. As used in this act:
16             (a) "Broadband" means the transmission of digital signals at rates
17       equal to or greater than 1.5 megabits per second.
18             (b) "CLASS services" means custom local area signaling services,
19       which include automatic callback, automatic recall, calling number iden-
20       tification, selective call rejection, selective call acceptance, selective call
21       forwarding, distinctive ringing and customer originated trace.
22             (c) "Commission" means the state corporation commission.
23             (d) "Dialing parity" means that a person that is not an affiliate of a
24       local exchange carrier is able to provide telecommunications services in
25       such a manner that customers have the ability to route automatically,
26       without the use of any access code, their telecommunications to the tel-
27       ecommunications carrier of the customer's designation from among two
28       or more telecommunications carriers, including such local exchange
29       carrier.
30             (e) "Federal act" means the federal telecommunications act of 1996,
31       P.L. 104-104 (amending the communications act of 1934, 47 U.S.C. 151,
32       et seq.)
33             (f) "ISDN" means integrated services digital network which is a net-
34       work and associated technology that provides simultaneous voice and data
35       communications over a single communications channel.
36             (g) "LATA" has the meaning ascribed to it in the federal act.
37             (h) "Local exchange carrier" means any telecommunications public
38       utility or its successor providing switched telecommunications service
39       within any local exchange service area, as approved by the commission
40       on or before January 1, 1996. However, with respect to the Hill City
41       exchange area, in which multiple carriers were certified by the commis-
42       sion prior to January 1, 1996, the commission's determination, subject to
43       any court appeals, of which authorized carrier shall serve as the carrier

HB 2496


  1       of last resort will determine which carrier shall be deemed the local
  2       exchange carrier for that exchange.
  3             (i) "Number portability" has the meaning ascribed to it in the federal
  4       act.
  5             (j) "1 + intraLATA dialing parity" means the ability of a local exchange
  6       service customer to specify the telecommunications or local exchange
  7       carrier that will carry the intraLATA long distance messages when that
  8       customer dials either "1" or "0" plus a 10-digit number.
  9             (k) "Operating area" means:
10             (1) In the case of a rural telephone company, operating area or service
11       area means such company's study area or areas as approved by the federal
12       communications commission;
13             (2) in the case of a local exchange carrier, other than a rural telephone
14       company, operating area or service area means such carrier's local
15       exchange service area or areas as approved by the commission.
16             (l) "Rural telephone company" has the meaning ascribed to it in the
17       federal act, excluding any local exchange carrier which together with all
18       of its affiliates has 20,000 or more access lines in the state.
19             (m) "Telecommunications carrier" means a corporation, company,
20       individual, association of persons, their trustees, lessees or receivers that
21       provides a telecommunications service, including, but not limited to, in-
22       terexchange carriers and competitive access providers, but not including
23       local exchange carriers certified before January 1, 1996.
24             (n) "Telecommunications public utility" means any public utility, as
25       defined in K.S.A. 66-104, and amendments thereto, which owns, controls,
26       operates or manages any equipment, plant or generating machinery, or
27       any part thereof, for the transmission of telephone messages, as defined
28       in K.S.A. 66-104, and amendments thereto, or the provision of telecom-
29       munications services in or throughout any part of Kansas.
30             (o) "Telecommunications service" means the provision of a service
31       for the transmission of telephone messages, or two-way video or data
32       messages.
33             (p) "Universal service" means telecommunications services and fa-
34       cilities which include: single party, two-way voice grade calling; stored
35       program controlled switching with vertical service capability; E911 ca-
36       pability; tone dialing; access to operator services; access to directory as-
37       sistance; and equal access to long distance services.
38             (q) "Enhanced universal service" means telecommunications serv-
39       ices, in addition to those included in universal service, which shall include:
40       Signaling system seven capability, with CLASS service capability; basic
41       and primary rate ISDN capability, or the technological equivalent; full-
42       fiber interconnectivity, or the technological equivalent, between central
43       offices; and broadband capable facilities to: All schools accredited pur-

HB 2496


  1       suant to K.S.A. 72-1101 et seq., and amendments thereto; hospitals as
  2       defined in K.S.A. 65-425, and amendments thereto; public libraries; and
  3       state and local government facilities which request broadband services
  4       are required by the commission upon a finding by the commission that
  5       there is sufficient customer demand for the services
  6       Sec.  2. K.S.A. 1998 Supp. 66-1,187 is hereby repealed.
  7        Sec.  3. This act shall take effect and be in force from and after its
  8       publication in the statute book.