Kansas 2023 2023-2024 Regular Session

Kansas House Bill HB2806 Amended / Bill

                    As Amended by House Committee
Session of 2024
HOUSE BILL No. 2806
By Committee on Federal and State Affairs
Requested by Jessica Lucas on behalf of IdeaTek
2-19
AN ACT concerning counties; relating to the public right-of-way; 
authorizing certain telecommunications and video service providers to 
operate in county public right-of-way; limiting the fees and costs that a 
county may impose upon such providers for such activities.
Be it enacted by the Legislature of the State of Kansas:
Section 1. (a) The Kansas legislature finds and declares that:
(1) The permitting, construction, modification, maintenance and 
operation of telecommunications facilities are critical to ensuring that all 
citizens in the state have true access to broadband and other advanced 
technology and information;
(2) telecommunications facilities are critical to ensuring that 
businesses and schools throughout the state remain competitive in the 
global economy;
(3) telecommunications facilities that enable broadband services have 
a significant economic benefit; and
(4) the permitting, construction, modification, maintenance and 
operation of telecommunications facilities, to the extent specified in this 
section, are declared to be matters of statewide concern and interest.
(b) As used in this section:
(1) "Public right-of-way" means only the area of real property in 
which a county has a dedicated or acquired right-of-way interest in the real 
property. "Public right-of-way" includes the area on, below or above the 
present and future streets, roads, highways, parkways or boulevards 
dedicated or acquired as right-of-way by a county. "Public right-of-way" 
does not include:
(A) The airwaves above a "public right-of-way" with respect to 
wireless telecommunications or other non-wire telecommunications or 
broadcast services;
(B) easements obtained by utilities or private easements; or
(C) any real property, structures or facilities under the ownership, 
control or jurisdiction of the secretary of transportation.
(2) "Provider" means a local exchange carrier or telecommunications 
carrier as such terms are defined in K.S.A. 66-1,187 and amendments 
thereto, or a video service provider as defined in K.S.A. 12-2022, and 
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amendments thereto. "Provider" does not include an applicant as defined 
in K.S.A. 66-2019, and amendments thereto.
(c) Without abrogating any rights held by a video service 
provider pursuant to a state-issued video service authorization, any 
provider shall have the right pursuant to this section 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 this 
state. Such poles, conduit, cable, switches and related appurtenances and 
facilities shall be so constructed and maintained as not to obstruct or 
hinder the usual travel or public safety on such public ways or the legal 
use by other utilities or providers.
(d) A county shall impose any and all public right-of-way access and 
permit processes in a nondiscriminatory and competitively neutral manner 
to all similarly situated providers, including, but not limited to:
(1) The permit fees charged by the county;
(2) the forms and filings required by the county for a permit 
application;
(3) the time with which a county may approve or deny a permit; and
(4) options for waivers regarding such permit fees, forms and filings.
(e) No county shall create, enact or erect any discriminatory, 
unreasonable condition, requirement or barrier for entry into or use of the 
public right-of-way by a provider.
(f) A county may only assess the following non-discriminatory and 
competitively neutral fees against a provider, for the administration and 
orderly use of the public right-of-way, provided that such fees reimburse 
the county for the county's reasonable, actual and verifiable costs of 
managing the public right-of-way:
(1) A construction permit fee charged in connection with issuing a 
construction permit to set fixtures in the public right-of-way that 
compensates the county for the reasonable administrative expenses 
incurred by the county for issuing, processing and verifying the permit 
application;
(2) an excavation permit fee for each pavement cut to recover the 
direct and reasonable costs associated with construction and repair 
activity of the provider or the provider's assigns, contractors or 
subcontractors, or both. Any excavation permit fee imposed by the county 
shall be based upon a regional specific or other appropriate study 
establishing the basis for such costs that takes into account the life of the 
county road or highway prior to the construction or repair activity and the 
remaining life of the road or highway. Such excavation permit fee shall be 
expressly limited to the proportion of the cost attributable to the 
activity of the provider that results in an actual pavement cut; and
(3) inspection fees to recover all reasonable costs associated with a 
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county's inspection of the work of the provider in the right-of-way.
(g) A county shall authorize any video service provider as defined in 
K.S.A. 12-2022, and amendments thereto, to offset any fees and charges 
imposed pursuant to this section against payment of any video service 
provider fee imposed pursuant to K.S.A. 12-2024, and amendments 
thereto.
(h) A county may assess against a provider costs associated with 
repairing and restoring the public right-of-way because of damage caused 
by the provider, its assigns, contractors or subcontractors, or both, in the 
public right-of-way. A county may require a provider to furnish a 
performance bond, in a form acceptable to the county, from a surety 
licensed to conduct surety business in the state of Kansas, insuring to 
ensure appropriate and timely performance in the construction and 
maintenance of facilities located in the public right-of-way.
(i) A county may not assess any additional fees or costs against 
providers for use or occupancy of the public right-of-way other than those 
specified in this section. Any fees or costs imposed pursuant to this section 
shall be imposed upon all such providers in a nondiscriminatory and 
competitively neutral manner.
(j) Upon request by a provider, a county shall, in a timely manner, 
provide an accounting for the reasonable, actual and verifiable costs that 
are the basis for any fee permitted in subsection (f).
(k) This section may not be construed to affect any valid taxation of a 
provider's facilities or services.
(l) Any ordinance enacted prior to the effective date of this act 
governing the use and occupancy of the public right-of-way by a provider 
shall not conflict with the provisions of this section.
(m) No provider shall enter into a contract or any other agreement 
with a county to sell or provide a product or service that the provider's 
business does not actually sell or provide.
(n) Any county or provider may bring an action in a court of 
competent jurisdiction to enforce the provisions of this act.
Sec. 2. This act shall take effect and be in force from and after its 
publication in the statute book.
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