SESSION OF 2024
CONFERENCE COMMITTEE REPORT BRIEF
HOUSE BILL NO. 2588
As Agreed to April 2, 2024
Brief*
HB 2588 would create certain rights and establish limitations on the use of county public
right-of-way by telecommunication, broadband, and video service providers. The bill’s provision
would resemble existing non-discrimination and neutrality provisions for the use of city public
right-of-way.
Findings and Definitions
The bill would make findings on the importance of telecommunications facilities and would
use the definition of “public right-of-way” as found in KSA 17-1902, with the additional exemption
of any real property, structures, or facilities under the ownership, control, or jurisdiction of the
Secretary of Transportation. The bill would define “provider” similarly to KSA 17-1902.
Provider Rights
Under the bill, local exchange carriers, telecommunications carriers, and video service
providers would have the right to construct, maintain, and operate poles, conduit, cable,
switches, and related appurtenances and facilities along, across, upon, and under any public
right-of-way in a Kansas county, as long as any rights issued by the State to a video service
provider are not invalidated by such an action. Such equipment and facilities would be required
to not obstruct or hinder the usual travel or public safety on public ways or the legal use by other
utilities or providers.
Counties
The bill would require counties to treat similarly situated providers in a non-discriminatory
and competitively neutral manner regarding:
●Permit fees;
●Forms and filings required for a permit application;
●Time in approving or denying a permit; and
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*Conference committee report briefs are prepared by the Legislative Research Department and do not express
legislative intent. No summary is prepared when the report is an agreement to disagree. Conference committee
report briefs may be accessed on the Internet at http://www.kslegislature.org/klrd
1 - 2588 ●Options for waivers of such permit fees, forms, and filing.
Counties would be prohibited from creating, enacting, or erecting any discriminatory,
unreasonable condition, requirement, or barrier for entry into or use of the public right-of-way by
a provider.
Fees
Counties would be authorized to impose only the following fees, provided the fees are non-
discriminatory, competitively neutral, and related to the county’s reasonable, actual, and
verifiable costs of managing the public right-of-way:
●A construction permit fee to compensate the county for reasonable administrative
expenses for issuing, processing, and verifying the permit application;
●An excavation permit fee for each pavement cut to recover the direct and reasonable
costs associated with the provider’s construction and repair activity; and
●An inspection fee to recover all reasonable costs associated with the county’s
inspection of the provider’s work.
Counties would be expressly prohibited from assessing additional fees for occupying the
public right-of-way.
Counties would be required to authorize video service providers to offset any fees and
charges against payment of any video service provider fee imposed pursuant to KSA 12-2024.
Damages
If a provider causes damages while working in the public right-of-way, the bill would
authorize a county to assess against any provider costs associated with repairing and restoring
the public right-of-way due to the damages. Additionally, the bill would authorize a county to
require a provider to furnish a performance bond to ensure the appropriate and timely
performance of construction and maintenance activities.
Upon request by a provider, a county would be required to provide an accounting of the
costs that are the basis for any damage fee charged.
Other Provisions
The bill would also prohibit a provider from entering into a contract with a county to provide
a product or service that the provider’s business does not actually sell or provide.
Any ordinance pertaining to the use of the county public right-of-way in effect prior to the
the effective date of the bill would be deemed to not conflict with the provisions of the bill.
2 - 2588 Conference Committee Action
The Conference Committee agreed to remove the contents of HB 2588, as amended by
the Senate Committee on Utilities, and insert the language of of HB 2806, as passed by the
House.
Background
The Conference Committee removed the contents of HB 2588, which would have
amended the Net Metering and Easy Connection Act, to insert the language of HB 2806, as
passed by the House, which would address the use of county public right-of-way. [Note: The
contents of HB 2588, as amended by the Senate Committee on Utilities, were placed in the
Conference Committee report for HB 2527.]
HB 2806
HB 2806 was introduced by the House Committee on Federal and State Affairs at the
request of a representative of IdeaTek.
House Committee on Energy, Utilities, and Telecommunications
In the House Committee hearing on February 29, 2024, representatives of Cox
Communications and IdeaTek provided proponent testimony, stating the bill would ensure
counties’ fees are non-discriminatory and competitively neutral, similar to the requirements for
cities in KSA 17-1902.
Written-only proponent testimony was provided by a representative of AT&T Kansas.
Written-only neutral testimony was provided by a representative of the Kansas Association
of Counties.
No other testimony was provided.
The House Committee amended the bill to:
●Clarify that the provider rights expressed in the bill do not abrogate other provider
rights held pursuant to a State-issued video service authorization [Note: The
Conference Committee retained this amendment.];
●Clarify the bill applies to permit fees charged by the county [Note: The Conference
Committee retained this amendment.];
●Clarify the construction and repair costs used to determine the fee for recovery are
“direct and reasonable” and that the fee be limited to the proportion of the cost
attributable to the activity of the provider [Note: The Conference Committee retained
this amendment.]; and
●Make technical edits [Note: The Conference Committee retained this amendment.].
3 - 2588 Fiscal Information
According to the fiscal note prepared by the Division of the Budget on HB 2608, as
introduced, the Department of Transportation indicates enactment of the bill would not have a
fiscal effect. The Department notes the bill states that “public right-of-way” would not include any
real property, structures, or facilities under the ownership, control, or jurisdiction of the Secretary
of Transportation.
The Kansas Association of Counties indicates enactment of the bill could have a fiscal
effect on counties depending on whether there are other costs associated with the public right-
of-way that are not listed in the bill; however, a fiscal effect cannot be estimated.
Telecommunications; county; public right-of-way; video service providers; permits
ccrb_hb2588_01_04022024.odt
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