State Codes and Statutes

Statutes > Kansas > Chapter66 > Article20 > Statutes_28129

66-2003

Chapter 66.--PUBLIC UTILITIES
Article 20.--TELECOMMUNICATIONS

      66-2003.   Local exchange carriers; resale; terms and conditions.(a) On or before September 1, 1996, thecommission shall begin to authorize applications for certificatesof public convenience and necessity to provide local exchange orexchange access service.

      (b)   A local exchange carrier shall be required to offer toallow reasonable resale of its retail telecommunications servicesand to sell unbundled local loop, switch and trunk facilities totelecommunications carriers, as required by the federal act andpursuant to negotiated agreements or a statement of terms andconditions generally available to telecommunications carriers.

      (c)   To encourage telecommunications carriers to build orinstall telecommunications facilities, including, but not limitedto, local loop and switching facilities in the state, and exceptas otherwise negotiated by a local exchange carrier and atelecommunications carrier, the prices for such unbundledfacilities shall be determined by the commission, on anondiscriminatory basis, to permit the recovery of costs and areasonable profit. The commission shall determine wholesale rateson the basis of retail rates charged subscribers for thetelecommunications service requested, excluding the portionthereof attributable to any marketing, billing, collection andother costs, that will be avoided by the local exchange carrier.The commission shall approve resale restrictions proposed by anylocal exchange carrier which prohibit resellers from purchasingretail telecommunications services offered by that local exchangecarrier to one category of customers and reselling those retailservices to a different category of customers. Upon a findingthat such practice would be anticompetitive, anticonsumer ordetrimental to the quality of the network infrastructure, thecommission may prohibit the resale of retail services at a ratelower than the wholesale rate. The commission shall approve anyother reasonable limitation on resale to the extent permitted bythe federal act.

      (d)   As provided in the federal act, in order fortelecommunications carriers to provide local exchange service andexchange access service, local exchange carriers shall providethe means to interconnect their respective customers, including,but not limited to, toll access, access to operator services,access to directory listings and assistance, and access to E911service.

      (e)   Customers shall be accorded number portability and localdialing parity in conformance with national standards to theextent economically and technically feasible. Terms and pricesfor interconnection, unbundled facilities and resale of existingretail telecommunications services shall be negotiated in goodfaith between the parties. During the period from the 135ththrough the 160th day after the date on which an incumbent localexchange carrier receives a request for negotiation under thissection, the carrier or any other party to the negotiation maypetition the commission to arbitrate any open issues. Arbitrationshall occur in conformance with the provisions of section 252 ofthe federal act.

      (f)   The commission shall require, consistent with the termsof the federal act, that 1+ intraLATA dialing parity be providedby all local exchange carriers and telecommunications carrierscoincidentally with the provision of in-region interLATA tollservices in the state by local exchange carriers with more than150,000 access lines or their affiliates.

      History:   L. 1996, ch. 268, § 4; July 1.

State Codes and Statutes

Statutes > Kansas > Chapter66 > Article20 > Statutes_28129

66-2003

Chapter 66.--PUBLIC UTILITIES
Article 20.--TELECOMMUNICATIONS

      66-2003.   Local exchange carriers; resale; terms and conditions.(a) On or before September 1, 1996, thecommission shall begin to authorize applications for certificatesof public convenience and necessity to provide local exchange orexchange access service.

      (b)   A local exchange carrier shall be required to offer toallow reasonable resale of its retail telecommunications servicesand to sell unbundled local loop, switch and trunk facilities totelecommunications carriers, as required by the federal act andpursuant to negotiated agreements or a statement of terms andconditions generally available to telecommunications carriers.

      (c)   To encourage telecommunications carriers to build orinstall telecommunications facilities, including, but not limitedto, local loop and switching facilities in the state, and exceptas otherwise negotiated by a local exchange carrier and atelecommunications carrier, the prices for such unbundledfacilities shall be determined by the commission, on anondiscriminatory basis, to permit the recovery of costs and areasonable profit. The commission shall determine wholesale rateson the basis of retail rates charged subscribers for thetelecommunications service requested, excluding the portionthereof attributable to any marketing, billing, collection andother costs, that will be avoided by the local exchange carrier.The commission shall approve resale restrictions proposed by anylocal exchange carrier which prohibit resellers from purchasingretail telecommunications services offered by that local exchangecarrier to one category of customers and reselling those retailservices to a different category of customers. Upon a findingthat such practice would be anticompetitive, anticonsumer ordetrimental to the quality of the network infrastructure, thecommission may prohibit the resale of retail services at a ratelower than the wholesale rate. The commission shall approve anyother reasonable limitation on resale to the extent permitted bythe federal act.

      (d)   As provided in the federal act, in order fortelecommunications carriers to provide local exchange service andexchange access service, local exchange carriers shall providethe means to interconnect their respective customers, including,but not limited to, toll access, access to operator services,access to directory listings and assistance, and access to E911service.

      (e)   Customers shall be accorded number portability and localdialing parity in conformance with national standards to theextent economically and technically feasible. Terms and pricesfor interconnection, unbundled facilities and resale of existingretail telecommunications services shall be negotiated in goodfaith between the parties. During the period from the 135ththrough the 160th day after the date on which an incumbent localexchange carrier receives a request for negotiation under thissection, the carrier or any other party to the negotiation maypetition the commission to arbitrate any open issues. Arbitrationshall occur in conformance with the provisions of section 252 ofthe federal act.

      (f)   The commission shall require, consistent with the termsof the federal act, that 1+ intraLATA dialing parity be providedby all local exchange carriers and telecommunications carrierscoincidentally with the provision of in-region interLATA tollservices in the state by local exchange carriers with more than150,000 access lines or their affiliates.

      History:   L. 1996, ch. 268, § 4; July 1.


State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter66 > Article20 > Statutes_28129

66-2003

Chapter 66.--PUBLIC UTILITIES
Article 20.--TELECOMMUNICATIONS

      66-2003.   Local exchange carriers; resale; terms and conditions.(a) On or before September 1, 1996, thecommission shall begin to authorize applications for certificatesof public convenience and necessity to provide local exchange orexchange access service.

      (b)   A local exchange carrier shall be required to offer toallow reasonable resale of its retail telecommunications servicesand to sell unbundled local loop, switch and trunk facilities totelecommunications carriers, as required by the federal act andpursuant to negotiated agreements or a statement of terms andconditions generally available to telecommunications carriers.

      (c)   To encourage telecommunications carriers to build orinstall telecommunications facilities, including, but not limitedto, local loop and switching facilities in the state, and exceptas otherwise negotiated by a local exchange carrier and atelecommunications carrier, the prices for such unbundledfacilities shall be determined by the commission, on anondiscriminatory basis, to permit the recovery of costs and areasonable profit. The commission shall determine wholesale rateson the basis of retail rates charged subscribers for thetelecommunications service requested, excluding the portionthereof attributable to any marketing, billing, collection andother costs, that will be avoided by the local exchange carrier.The commission shall approve resale restrictions proposed by anylocal exchange carrier which prohibit resellers from purchasingretail telecommunications services offered by that local exchangecarrier to one category of customers and reselling those retailservices to a different category of customers. Upon a findingthat such practice would be anticompetitive, anticonsumer ordetrimental to the quality of the network infrastructure, thecommission may prohibit the resale of retail services at a ratelower than the wholesale rate. The commission shall approve anyother reasonable limitation on resale to the extent permitted bythe federal act.

      (d)   As provided in the federal act, in order fortelecommunications carriers to provide local exchange service andexchange access service, local exchange carriers shall providethe means to interconnect their respective customers, including,but not limited to, toll access, access to operator services,access to directory listings and assistance, and access to E911service.

      (e)   Customers shall be accorded number portability and localdialing parity in conformance with national standards to theextent economically and technically feasible. Terms and pricesfor interconnection, unbundled facilities and resale of existingretail telecommunications services shall be negotiated in goodfaith between the parties. During the period from the 135ththrough the 160th day after the date on which an incumbent localexchange carrier receives a request for negotiation under thissection, the carrier or any other party to the negotiation maypetition the commission to arbitrate any open issues. Arbitrationshall occur in conformance with the provisions of section 252 ofthe federal act.

      (f)   The commission shall require, consistent with the termsof the federal act, that 1+ intraLATA dialing parity be providedby all local exchange carriers and telecommunications carrierscoincidentally with the provision of in-region interLATA tollservices in the state by local exchange carriers with more than150,000 access lines or their affiliates.

      History:   L. 1996, ch. 268, § 4; July 1.