Kansas House Bill HB2806

Kansas 2023-2024 Regular Session

• Introduced: 2/19/24
• Refer: 2/19/24
• Report Pass: 3/6/24
• Engrossed: 3/21/24
• Refer: 3/22/24
• Failed: 4/30/24

Caption

Authorizing certain telecommunications and video service providers to operate in county public right-of-way and limiting the fees and costs that a county may impose upon such providers for such activities.

Impact

The legislation places limitations on the fees that counties can impose on these providers, setting a framework for non-discriminatory, competitively neutral fee structures intended to reimburse counties solely for actual and verifiable costs tied to right-of-way management. This aspect seeks to reduce barriers for new entrants into the telecommunications market, ensuring that all service providers can compete fairly and residents benefit from enhanced service availability.

Summary

House Bill 2806 aims to facilitate the operation of telecommunications and video service providers within county public right-of-ways in Kansas. The bill asserts that the construction and maintenance of telecommunications facilities are vital for ensuring all citizens have access to broadband and advanced technology. Consequently, it mandates that counties allow these providers to construct necessary infrastructure (like poles and conduits) in public right-of-ways, which is defined as areas under county jurisdiction dated for public roads and highways, while expressly excluding certain airwaves and utility easements.

Contention

Among the notable points of contention is the potential pushback from local governments, which may find themselves unable to enact certain protective measures over their infrastructures. Critics may argue that such centralization reduces local control and could compromise the ability of counties to manage their right-of-ways effectively. Furthermore, concerns arise regarding the adequacy of fees imposed for the long-term maintenance and restoration of the public right-of-way post-construction, which could impose additional fiscal pressures on counties while attempting to accommodate new services.