Kansas 2023-2024 Regular Session

Kansas House Bill HB2806 Compare Versions

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1	1	Session of 2024
2	2	HOUSE BILL No. 2806
3	3	By Committee on Federal and State Affairs
4	4	Requested by Jessica Lucas on behalf of IdeaTek
5	5	2-19
6	6	AN ACT concerning counties; relating to the public right-of-way;
7	7	authorizing certain telecommunications and video service providers to
8	8	operate in county public right-of-way; limiting the fees and costs that a
9	9	county may impose upon such providers for such activities.
10	10	Be it enacted by the Legislature of the State of Kansas:
11	11	Section 1. (a) The Kansas legislature finds and declares that:
12	12	(1) The permitting, construction, modification, maintenance and
13	13	operation of telecommunications facilities are critical to ensuring that all
14	14	citizens in the state have true access to broadband and other advanced
15	15	technology and information;
16	16	(2) telecommunications facilities are critical to ensuring that
17	17	businesses and schools throughout the state remain competitive in the
18	18	global economy;
19	19	(3) telecommunications facilities that enable broadband services have
20	20	a significant economic benefit; and
21	21	(4) the permitting, construction, modification, maintenance and
22	22	operation of telecommunications facilities, to the extent specified in this
23	23	section, are declared to be matters of statewide concern and interest.
24	24	(b) As used in this section:
25	25	(1) "Public right-of-way" means only the area of real property in
26	26	which a county has a dedicated or acquired right-of-way interest in the real
27	27	property. "Public right-of-way" includes the area on, below or above the
28	28	present and future streets, roads, highways, parkways or boulevards
29	29	dedicated or acquired as right-of-way by a county. "Public right-of-way"
30	30	does not include:
31	31	(A) The airwaves above a "public right-of-way" with respect to
32	32	wireless telecommunications or other non-wire telecommunications or
33	33	broadcast services;
34	34	(B) easements obtained by utilities or private easements; or
35	35	(C) any real property, structures or facilities under the ownership,
36	36	control or jurisdiction of the secretary of transportation.
37	37	(2) "Provider" means a local exchange carrier or telecommunications
38	38	carrier as such terms are defined in K.S.A. 66-1,187 and amendments
39	39	thereto, or a video service provider as defined in K.S.A. 12-2022, and
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75	75	amendments thereto. "Provider" does not include an applicant as defined
76	76	in K.S.A. 66-2019, and amendments thereto.
77	77	(c) Any provider shall have the right pursuant to this section to
78	78	construct, maintain and operate poles, conduit, cable, switches and related
79	79	appurtenances and facilities along, across, upon and under any public
80	80	right-of-way in this state. Such poles, conduit, cable, switches and related
81	81	appurtenances and facilities shall be so constructed and maintained as not
82	82	to obstruct or hinder the usual travel or public safety on such public ways
83	83	or the legal use by other utilities or providers.
84	84	(d) A county shall impose any and all public right-of-way access and
85	85	permit processes in a nondiscriminatory and competitively neutral manner
86	86	to all similarly situated providers, including, but not limited to:
87	87	(1) The fees charged by the county;
88	88	(2) the forms and filings required by the county for a permit
89	89	application;
90	90	(3) the time with which a county may approve or deny a permit; and
91	91	(4) options for waivers regarding such fees, forms and filings.
92	92	(e) No county shall create, enact or erect any discriminatory,
93	93	unreasonable condition, requirement or barrier for entry into or use of the
94	94	public right-of-way by a provider.
95	95	(f) A county may only assess the following non-discriminatory and
96	96	competitively neutral fees against a provider, for the administration and
97	97	orderly use of the public right-of-way, provided that such fees reimburse
98	98	the county for the county's reasonable, actual and verifiable costs of
99	99	managing the public right-of-way:
100	100	(1) A construction permit fee charged in connection with issuing a
101	101	construction permit to set fixtures in the public right-of-way that
102	102	compensates the county for the reasonable expenses incurred by the
103	103	county for issuing, processing and verifying the permit application;
104	104	(2) an excavation fee for each pavement cut to recover the costs
105	105	associated with construction and repair activity of the provider or the
106	106	provider's assigns, contractors or subcontractors, or both. Any excavation
107	107	fee imposed by the county shall be based upon a regional specific or other
108	108	appropriate study establishing the basis for such costs that takes into
109	109	account the life of the county road or highway prior to the construction or
110	110	repair activity and the remaining life of the road or highway. Such
111	111	excavation fee shall be expressly limited to activity that results in an actual
112	112	pavement cut; and
113	113	(3) inspection fees to recover all reasonable costs associated with a
114	114	county's inspection of the work of the provider in the right-of-way.
115	115	(g) A county shall authorize any video service provider as defined in
116	116	K.S.A. 12-2022, and amendments thereto, to offset any fees and charges
117	117	imposed pursuant to this section against payment of any video service
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161	161	provider fee imposed pursuant to K.S.A. 12-2024, and amendments
162	162	thereto.
163	163	(h) A county may assess against a provider costs associated with
164	164	repairing and restoring the public right-of-way because of damage caused
165	165	by the provider, its assigns, contractors or subcontractors, or both, in the
166	166	public right-of-way. A county may require a provider to furnish a
167	167	performance bond, in a form acceptable to the county, from a surety
168	168	licensed to conduct surety business in the state of Kansas, insuring
169	169	appropriate and timely performance in the construction and maintenance
170	170	of facilities located in the public right-of-way.
171	171	(i) A county may not assess any additional fees or costs against
172	172	providers for use or occupancy of the public right-of-way other than those
173	173	specified in this section. Any fees or costs imposed pursuant to this section
174	174	shall be imposed upon all such providers in a nondiscriminatory and
175	175	competitively neutral manner.
176	176	(j) Upon request by a provider, a county shall, in a timely manner,
177	177	provide an accounting for the reasonable, actual and verifiable costs that
178	178	are the basis for any fee permitted in subsection (f).
179	179	(k) This section may not be construed to affect any valid taxation of a
180	180	provider's facilities or services.
181	181	(l) Any ordinance enacted prior to the effective date of this act
182	182	governing the use and occupancy of the public right-of-way by a provider
183	183	shall not conflict with the provisions of this section.
184	184	(m) No provider shall enter into a contract or any other agreement
185	185	with a county to sell or provide a product or service that the provider's
186	186	business does not actually sell or provide.
187	187	(n) Any county or provider may bring an action in a court of
188	188	competent jurisdiction to enforce the provisions of this act.
189	189	Sec. 2. This act shall take effect and be in force from and after its
190	190	publication in the statute book.
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