UNOFFICIAL COPY 24 RS BR 1859
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AN ACT relating to customer notices from broadband service providers. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
ď˘Section 1. KRS 278.5462 is amended to read as follows: 3
(1) The provision of broadband services shall be market-based and not subject to state 4
administrative regulation. Notwithstanding any other provision of law to the 5
contrary except as provided in subsections (3) and (4) of this section, no agency of 6
the state shall impose or implement any requirement upon a broadband service 7
provider with respect to the following: 8
(a) The availability of facilities or equipment used to provide broadband services; 9
or 10
(b) The rates, terms or conditions for, or entry into, the provision of broadband 11
service. 12
(2) Any requirement imposed upon broadband service in existence as of July 15, 2004, 13
is hereby voided upon enactment of KRS 278.546 to 278.5462. The provisions of 14
this section do not limit or modify the duties of a local exchange carrier or an 15
affiliate of a local exchange carrier to provide unbundled access to network 16
elements or the commission's authority to arbitrate and enforce interconnection 17
agreements, including provisions related to remote terminals and central office 18
facilities, to the extent required under 47 U.S.C. secs. 251 and 252, and any 19
regulations issued by the Federal Communications Commission at rates determined 20
in accordance with the standards established by the Federal Communications 21
Commission pursuant to 47 C.F.R. secs. 51.503 to 51.513, inclusive of any 22
successor regulations. Nothing contained in KRS 278.546 to 278.5462 shall be 23
construed to preclude the application of access or other lawful rates and charges to 24
broadband providers. Nothing contained in KRS 278.546 to 278.5462 shall 25
preclude, with respect to broadband services, access for those service providers that 26
use or make use of the publicly switched network. 27 UNOFFICIAL COPY 24 RS BR 1859
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(3) Every broadband service provider shall notify its customers within thirty (30) 1
minutes of any planned or unplanned outage that is anticipated to last more than 2
six (6) hours. The notice shall inform the customer of an estimated time of when 3
the service outage will end. The broadband service provider shall not require 4
customers to enroll in order to receive notifications. Notification from the 5
broadband service provider may be in the form of text, phone call, email, or 6
voicemail. The notice requirement shall be included as a provision in all of the 7
broadband service provider's customer service contracts and franchise 8
agreements with local governments entered into after the effective date of this 9
Act. The commission shall[may] assist in the resolution of consumer service 10
complaints regarding noncompliance with customer outage notifications under 11
this subsection and may assist the customer with the resolution of other customer 12
service complaints. 13
(4) No telephone utility shall refuse to provide wholesale digital subscriber line service 14
to competing local exchange carriers on the same terms and conditions, filed in 15
tariff with the Federal Communications Commission, that it provides to Internet 16
service providers. 17