State Codes and Statutes

Statutes > Kansas > Chapter66 > Article20 > Statutes_28135

66-2008

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

      66-2008.   Kansas universal service fund; funding;authorized expenditures;supplemental funding.On or before January 1, 1997, the commissionshall establish the Kansas universal service fund, hereinafterreferred to as the KUSF.

      (a)   The commission shall require every telecommunicationscarrier, telecommunications public utility and wirelesstelecommunications service provider that provides intrastatetelecommunications services and, to the extent not prohibited by federallaw, every provider ofinterconnected VoIP service, as defined by 47 C.F.R. 9.3 (October 1, 2005),to contribute to the KUSF on anequitable and nondiscriminatory basis. Anytelecommunications carrier, telecommunications public utility,wireless telecommunications service provider orprovider of interconnected VoIP service whichcontributes tothe KUSF may collect from customers an amount equal to suchcarrier's, utility's or provider's contribution, but such carrier, provider orutility may collect a lesser amount fromits customer.

      Any contributionsin excess of distributions collected in any reporting year shall beapplied to reduce the estimated contribution that would otherwisebe necessary for the following year.

      (b)   Pursuant to the federal act, distributions from theKUSFshall be made in a competitively neutral manner to qualifiedtelecommunications public utilities, telecommunications carriersand wireless telecommunications providers, that are deemed eligibleboth under subsection (e)(1) of section 214 of the federal act andby the commission.

      (c)   The commission shall periodically review the KUSF todetermine if the costs of qualified telecommunications publicutilities, telecommunications carriers and wirelesstelecommunications service providers to provide local servicejustify modification of the KUSF.If the commission determines thatany changes are needed, the commission shall modify the KUSFaccordingly.

      (d)   Anyqualified telecommunications carrier,telecommunications public utility or wireless telecommunicationsservice providermay requestsupplemental funding from the KUSFbased upon a percentage increase in access lines over the 12-monthperiod prior to the request. The supplemental funding shall beincurred for the purpose of providing services to and within theservice area of the qualified telecommunications carrier,telecommunications public utility or wireless telecommunicationsservice provider. Supplementalfunding from the KUSF shall be usedfor infrastructure expenditures necessary to serve additionalcustomers within the service areaof such qualifying utility,provider or carrier. All affectedparties shall be allowed toreview and verify a request of such a qualified utility, carrier orprovider for supplementalfunding from the KUSF, and to intervenein any commission proceeding regarding such request. The commissionshall issue an order on the request within 120 days of filing.Additional funding also may be requested for: The recovery ofshortfalls due to additional rebalancing of rates to continuemaintenance of parity with interstate access rates; shortfalls dueto changes to access revenue requirements resulting from changes infederal rules; additional investment required to provide universalservice and enhanced universal service, deployed subject to subsection (a)of K.S.A.66-2005, and amendments thereto; and for infrastructureexpenditures in response to facility or service requirementsestablished by any legislative, regulatory or judicial authority.Such requests shall be subject to simplified filing procedures andthe expedited review procedures, as outlined in the stipulationattached to the order of November 19, 1990 in docket no. 127,140-U(Phase IV).

      (e)   For each local exchange carrierelecting pursuant to subsection(b) of K.S.A. 66-2005, and amendments thereto, to operate under traditionalrate of return regulation, all KUSF support, including any adjustment theretopursuant to this section shall be based on suchcarrier's embedded costs, revenue requirements, investmentsandexpenses.

      (f)   Additional supplemental funding from the KUSF, other thanas provided in subsection (d), may beauthorized atthe discretion of the commission. However, the commission mayrequire approval of such funding to be based upon a general ratecase filing. With respect to any request for additionalsupplemental funding from the KUSF, the commission shall actexpeditiously, but shall not be subject to the 120 day deadline setforth in subsection (d).

      History:   L. 1996, ch. 268, § 9;L. 1998, ch. 138, § 2;L. 2002, ch. 173, § 2;L. 2006, ch. 2, § 1;L. 2008, ch. 56, § 1; July 1.

State Codes and Statutes

Statutes > Kansas > Chapter66 > Article20 > Statutes_28135

66-2008

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

      66-2008.   Kansas universal service fund; funding;authorized expenditures;supplemental funding.On or before January 1, 1997, the commissionshall establish the Kansas universal service fund, hereinafterreferred to as the KUSF.

      (a)   The commission shall require every telecommunicationscarrier, telecommunications public utility and wirelesstelecommunications service provider that provides intrastatetelecommunications services and, to the extent not prohibited by federallaw, every provider ofinterconnected VoIP service, as defined by 47 C.F.R. 9.3 (October 1, 2005),to contribute to the KUSF on anequitable and nondiscriminatory basis. Anytelecommunications carrier, telecommunications public utility,wireless telecommunications service provider orprovider of interconnected VoIP service whichcontributes tothe KUSF may collect from customers an amount equal to suchcarrier's, utility's or provider's contribution, but such carrier, provider orutility may collect a lesser amount fromits customer.

      Any contributionsin excess of distributions collected in any reporting year shall beapplied to reduce the estimated contribution that would otherwisebe necessary for the following year.

      (b)   Pursuant to the federal act, distributions from theKUSFshall be made in a competitively neutral manner to qualifiedtelecommunications public utilities, telecommunications carriersand wireless telecommunications providers, that are deemed eligibleboth under subsection (e)(1) of section 214 of the federal act andby the commission.

      (c)   The commission shall periodically review the KUSF todetermine if the costs of qualified telecommunications publicutilities, telecommunications carriers and wirelesstelecommunications service providers to provide local servicejustify modification of the KUSF.If the commission determines thatany changes are needed, the commission shall modify the KUSFaccordingly.

      (d)   Anyqualified telecommunications carrier,telecommunications public utility or wireless telecommunicationsservice providermay requestsupplemental funding from the KUSFbased upon a percentage increase in access lines over the 12-monthperiod prior to the request. The supplemental funding shall beincurred for the purpose of providing services to and within theservice area of the qualified telecommunications carrier,telecommunications public utility or wireless telecommunicationsservice provider. Supplementalfunding from the KUSF shall be usedfor infrastructure expenditures necessary to serve additionalcustomers within the service areaof such qualifying utility,provider or carrier. All affectedparties shall be allowed toreview and verify a request of such a qualified utility, carrier orprovider for supplementalfunding from the KUSF, and to intervenein any commission proceeding regarding such request. The commissionshall issue an order on the request within 120 days of filing.Additional funding also may be requested for: The recovery ofshortfalls due to additional rebalancing of rates to continuemaintenance of parity with interstate access rates; shortfalls dueto changes to access revenue requirements resulting from changes infederal rules; additional investment required to provide universalservice and enhanced universal service, deployed subject to subsection (a)of K.S.A.66-2005, and amendments thereto; and for infrastructureexpenditures in response to facility or service requirementsestablished by any legislative, regulatory or judicial authority.Such requests shall be subject to simplified filing procedures andthe expedited review procedures, as outlined in the stipulationattached to the order of November 19, 1990 in docket no. 127,140-U(Phase IV).

      (e)   For each local exchange carrierelecting pursuant to subsection(b) of K.S.A. 66-2005, and amendments thereto, to operate under traditionalrate of return regulation, all KUSF support, including any adjustment theretopursuant to this section shall be based on suchcarrier's embedded costs, revenue requirements, investmentsandexpenses.

      (f)   Additional supplemental funding from the KUSF, other thanas provided in subsection (d), may beauthorized atthe discretion of the commission. However, the commission mayrequire approval of such funding to be based upon a general ratecase filing. With respect to any request for additionalsupplemental funding from the KUSF, the commission shall actexpeditiously, but shall not be subject to the 120 day deadline setforth in subsection (d).

      History:   L. 1996, ch. 268, § 9;L. 1998, ch. 138, § 2;L. 2002, ch. 173, § 2;L. 2006, ch. 2, § 1;L. 2008, ch. 56, § 1; July 1.


State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter66 > Article20 > Statutes_28135

66-2008

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

      66-2008.   Kansas universal service fund; funding;authorized expenditures;supplemental funding.On or before January 1, 1997, the commissionshall establish the Kansas universal service fund, hereinafterreferred to as the KUSF.

      (a)   The commission shall require every telecommunicationscarrier, telecommunications public utility and wirelesstelecommunications service provider that provides intrastatetelecommunications services and, to the extent not prohibited by federallaw, every provider ofinterconnected VoIP service, as defined by 47 C.F.R. 9.3 (October 1, 2005),to contribute to the KUSF on anequitable and nondiscriminatory basis. Anytelecommunications carrier, telecommunications public utility,wireless telecommunications service provider orprovider of interconnected VoIP service whichcontributes tothe KUSF may collect from customers an amount equal to suchcarrier's, utility's or provider's contribution, but such carrier, provider orutility may collect a lesser amount fromits customer.

      Any contributionsin excess of distributions collected in any reporting year shall beapplied to reduce the estimated contribution that would otherwisebe necessary for the following year.

      (b)   Pursuant to the federal act, distributions from theKUSFshall be made in a competitively neutral manner to qualifiedtelecommunications public utilities, telecommunications carriersand wireless telecommunications providers, that are deemed eligibleboth under subsection (e)(1) of section 214 of the federal act andby the commission.

      (c)   The commission shall periodically review the KUSF todetermine if the costs of qualified telecommunications publicutilities, telecommunications carriers and wirelesstelecommunications service providers to provide local servicejustify modification of the KUSF.If the commission determines thatany changes are needed, the commission shall modify the KUSFaccordingly.

      (d)   Anyqualified telecommunications carrier,telecommunications public utility or wireless telecommunicationsservice providermay requestsupplemental funding from the KUSFbased upon a percentage increase in access lines over the 12-monthperiod prior to the request. The supplemental funding shall beincurred for the purpose of providing services to and within theservice area of the qualified telecommunications carrier,telecommunications public utility or wireless telecommunicationsservice provider. Supplementalfunding from the KUSF shall be usedfor infrastructure expenditures necessary to serve additionalcustomers within the service areaof such qualifying utility,provider or carrier. All affectedparties shall be allowed toreview and verify a request of such a qualified utility, carrier orprovider for supplementalfunding from the KUSF, and to intervenein any commission proceeding regarding such request. The commissionshall issue an order on the request within 120 days of filing.Additional funding also may be requested for: The recovery ofshortfalls due to additional rebalancing of rates to continuemaintenance of parity with interstate access rates; shortfalls dueto changes to access revenue requirements resulting from changes infederal rules; additional investment required to provide universalservice and enhanced universal service, deployed subject to subsection (a)of K.S.A.66-2005, and amendments thereto; and for infrastructureexpenditures in response to facility or service requirementsestablished by any legislative, regulatory or judicial authority.Such requests shall be subject to simplified filing procedures andthe expedited review procedures, as outlined in the stipulationattached to the order of November 19, 1990 in docket no. 127,140-U(Phase IV).

      (e)   For each local exchange carrierelecting pursuant to subsection(b) of K.S.A. 66-2005, and amendments thereto, to operate under traditionalrate of return regulation, all KUSF support, including any adjustment theretopursuant to this section shall be based on suchcarrier's embedded costs, revenue requirements, investmentsandexpenses.

      (f)   Additional supplemental funding from the KUSF, other thanas provided in subsection (d), may beauthorized atthe discretion of the commission. However, the commission mayrequire approval of such funding to be based upon a general ratecase filing. With respect to any request for additionalsupplemental funding from the KUSF, the commission shall actexpeditiously, but shall not be subject to the 120 day deadline setforth in subsection (d).

      History:   L. 1996, ch. 268, § 9;L. 1998, ch. 138, § 2;L. 2002, ch. 173, § 2;L. 2006, ch. 2, § 1;L. 2008, ch. 56, § 1; July 1.