66-2009.Eligibility for KUSF funding; carrier oflast resort obligations.(a) Local exchange carriers that provided switched local exchange services inthe state prior to January 1,1996, or their successors, shall serve as the carrier of lastresort in their exchanges and shall be eligible to receive KUSFfunding. However, with respect to the Hill City exchange area inwhich multiple carriers were certified prior to January 1, 1996,the commission's determination, subject to court appeals, shalldetermine which authorized carrier shall serve as carrier of lastresort. The local exchange carrier serving as the carrier of lastresort shall remain the carrier of last resort and shall beentitled to recover the costs of serving as carrier of last resort.
(b) Beginning March 1, 1997, the amount of KUSF fundsowed to each qualifying telecommunications carrier,telecommunications public utility or wireless telecommunicationsservice provider in the state, based upon the revenuerequirements assigned to the funds for such qualifying utility,carrier or provider, shall be allocated by the fund administratorin equal monthly installments.
(c) (1) For the purposes of this subsection:
(A) "Alternative service provider" means any person or entity providing localtelecommunications services or any person or entityallowing anotherperson or entity to use its equipment or facilities to provide localtelecommunications servicesor any person or entity securing rights to select analternative serviceprovider for a property owner or developer, and does not include a localexchange carrierproviding service within its commission-approved local exchange service area.
(B) "Alternative technology" means any technology that offers localtelecommunications serviceand functionality comparable to that provided through an exiting alternativeservice provider'sfacilities, and may include a technology that does not require the use of anypublic right-of-way.
(C) "Greenfield area" means an area that requires entirely new constructionof local loops, inaddition to the deployment of any necessary switching and other networkequipment, to servenew real property developments.
(D) "Local telecommunications service" means two-way voice service capableof beingoriginated and terminated within a local exchange service area, regardless ofthe technology usedto provision the voice service.
(E) "Owner or developer" means the owner or developer of a business orresidential property,any condominium association or homeowners' association thereof, any otherperson or entity having ownership in, or control over, the property, or anyperson acting on behalf of such owneror developer.
(F) "Real property" includes, but is not limited to, any single tenant ormulti-tenant business orresidential property, subdivisions, condominiums, apartments, office buildingsor office parks.
(2) A local exchange carrier obligated by this section to serve as thecarrier of last resort ishereby relieved of that obligation, and shall not be obligatedto provide basiclocal telecommunications service to any occupants of real property if the owneror developer ofthe real property, or a person acting on behalf of the owner or developer ofreal property, engagesin any of the following acts:
(A) Permits an alternative service provider to install its facilitiesor equipment used toprovide local telecommunications servicebased on a condition ofexclusion of the localexchange carrier, during the construction phase of the real property;
(B) accepts or agrees to accept incentives or rewards from an alternativeservice provider that arecontingent upon the provision of any or all local telecommunicationsservicesby one or more alternative service providers to the exclusion of thelocal exchangecarrier; or
(C) collects from the occupants or residents of the real propertymandatory charges forthe provision of any local telecommunications serviceprovided by an alternative serviceprovider to the occupants or residents in any manner, including, but notlimited to, collectionthrough rent, fees or dues.
(3) The local exchange carrier relieved of its carrier of last resortobligation to provide basiclocal telecommunications service to the occupants of the real property,pursuant to subsection (c),shall notify the commission of that fact within120 days after receiving knowledge of the existence of such fact.
(4) A local exchange carrier that is not automatically relieved of itscarrier of last resortobligation pursuant to paragraph (2) of subsection (c) may seek a waiver of itscarrier of lastresort obligation from the commission for good cause shown based on the factsand circumstances of the provision of local telecommunications service orinternet access service to aparticular real property. Upon petition for such relief, notice shall be givenby the localexchange carrier at the same time to therelevant owner or developer. The commission shall make a determinationconcerning thepetition on or before 90 days after such petition is filed.
(5) If all conditions described in paragraph (2) or (4) of subsection (c)cease to exist at the property,and the owner or developer requests in writing that the local exchange carriermake localtelecommunications service available to occupants of the real propertyand confirms in writing thatall conditions described in paragraph (2) or (4) of subsection (c) have ceasedto exist at the property, the carrier of last resort obligation under thissection shall again applyto the local exchange carrier at the real property. The local exchange carriershall provide notice tothe commission that it is assuming the carrier-of-last-resort obligation. Thelocal exchange carrier may requirethat the owner or developer pay to the local exchange carrier in advance areasonable fee torecover costs that exceed the costs that would have been incurred to constructor acquire facilitiesto serve customers at the real property initially. The commission may verifythat the fee enables the local exchange carrier to recover its costs thatexceed the costs that would have been incurred to construct or acquirefacilities to serve customers at the real property initially, including, butnot limited to, amounts necessary to install or retrofit any facilities orequipment, to cut or trench sidewalks and streets and to restore roads,sidewalks, block walls or landscapes to original conditions. Thelocal exchangecarrier shall have areasonable period of time following the request from the owner or developer tomake arrangements for local telecommunications service availability.If a local exchange carrier is relieved of its carrier of last resortobligation under paragraph (2) or (4) of subsection (c), the owner or developershall notify all occupants and any subsequent owner of the specific realproperty of the following:(1) That the incumbent local exchange carrier does not have facilitiesinstalled to serve the specific real property, and that such carrier has beenrelieved of its carrier of last resort obligations; and(2) the name of the person that will be providing local telecommunicationsservice to the real property, and the type of technology that will be used toprovide such service.An incumbent local exchangecarrier may meet the carrier's obligations under this section using anyavailable alternative technology. If any conditions described in paragraph (2)or (4) of subsection (c) again exist at the real property, the relief inparagraph (2) or (4) of subsection (c) shall again apply.
(6) When real property is located in a greenfield area, a carrier of lastresort shall not automaticallybe excused from its obligations under paragraph (2) of subsection (c) unlessthe alternative serviceprovider possesses or shall possess at the time of commencement of service thecapability toprovide local telecommunications service or the functional equivalent of suchservice throughany form of technology.
(7) If an owner or developer of real property permits an alternative serviceprovider to install its facilities or equipment used to provide localtelecommunications service to such property based on a condition of exclusionof the localexchange carrier, the owner or developer must provide written notice to thepurchaser of any such real property that there is an exclusion of that localexchange carrier, and that the alternative service provider is the exclusiveprovider of service to such property.
History: L. 1996, ch. 268, § 10;L. 2008, ch. 122, § 3; July 1.
66-2009.Eligibility for KUSF funding; carrier oflast resort obligations.(a) Local exchange carriers that provided switched local exchange services inthe state prior to January 1,1996, or their successors, shall serve as the carrier of lastresort in their exchanges and shall be eligible to receive KUSFfunding. However, with respect to the Hill City exchange area inwhich multiple carriers were certified prior to January 1, 1996,the commission's determination, subject to court appeals, shalldetermine which authorized carrier shall serve as carrier of lastresort. The local exchange carrier serving as the carrier of lastresort shall remain the carrier of last resort and shall beentitled to recover the costs of serving as carrier of last resort.
(b) Beginning March 1, 1997, the amount of KUSF fundsowed to each qualifying telecommunications carrier,telecommunications public utility or wireless telecommunicationsservice provider in the state, based upon the revenuerequirements assigned to the funds for such qualifying utility,carrier or provider, shall be allocated by the fund administratorin equal monthly installments.
(c) (1) For the purposes of this subsection:
(A) "Alternative service provider" means any person or entity providing localtelecommunications services or any person or entityallowing anotherperson or entity to use its equipment or facilities to provide localtelecommunications servicesor any person or entity securing rights to select analternative serviceprovider for a property owner or developer, and does not include a localexchange carrierproviding service within its commission-approved local exchange service area.
(B) "Alternative technology" means any technology that offers localtelecommunications serviceand functionality comparable to that provided through an exiting alternativeservice provider'sfacilities, and may include a technology that does not require the use of anypublic right-of-way.
(C) "Greenfield area" means an area that requires entirely new constructionof local loops, inaddition to the deployment of any necessary switching and other networkequipment, to servenew real property developments.
(D) "Local telecommunications service" means two-way voice service capableof beingoriginated and terminated within a local exchange service area, regardless ofthe technology usedto provision the voice service.
(E) "Owner or developer" means the owner or developer of a business orresidential property,any condominium association or homeowners' association thereof, any otherperson or entity having ownership in, or control over, the property, or anyperson acting on behalf of such owneror developer.
(F) "Real property" includes, but is not limited to, any single tenant ormulti-tenant business orresidential property, subdivisions, condominiums, apartments, office buildingsor office parks.
(2) A local exchange carrier obligated by this section to serve as thecarrier of last resort ishereby relieved of that obligation, and shall not be obligatedto provide basiclocal telecommunications service to any occupants of real property if the owneror developer ofthe real property, or a person acting on behalf of the owner or developer ofreal property, engagesin any of the following acts:
(A) Permits an alternative service provider to install its facilitiesor equipment used toprovide local telecommunications servicebased on a condition ofexclusion of the localexchange carrier, during the construction phase of the real property;
(B) accepts or agrees to accept incentives or rewards from an alternativeservice provider that arecontingent upon the provision of any or all local telecommunicationsservicesby one or more alternative service providers to the exclusion of thelocal exchangecarrier; or
(C) collects from the occupants or residents of the real propertymandatory charges forthe provision of any local telecommunications serviceprovided by an alternative serviceprovider to the occupants or residents in any manner, including, but notlimited to, collectionthrough rent, fees or dues.
(3) The local exchange carrier relieved of its carrier of last resortobligation to provide basiclocal telecommunications service to the occupants of the real property,pursuant to subsection (c),shall notify the commission of that fact within120 days after receiving knowledge of the existence of such fact.
(4) A local exchange carrier that is not automatically relieved of itscarrier of last resortobligation pursuant to paragraph (2) of subsection (c) may seek a waiver of itscarrier of lastresort obligation from the commission for good cause shown based on the factsand circumstances of the provision of local telecommunications service orinternet access service to aparticular real property. Upon petition for such relief, notice shall be givenby the localexchange carrier at the same time to therelevant owner or developer. The commission shall make a determinationconcerning thepetition on or before 90 days after such petition is filed.
(5) If all conditions described in paragraph (2) or (4) of subsection (c)cease to exist at the property,and the owner or developer requests in writing that the local exchange carriermake localtelecommunications service available to occupants of the real propertyand confirms in writing thatall conditions described in paragraph (2) or (4) of subsection (c) have ceasedto exist at the property, the carrier of last resort obligation under thissection shall again applyto the local exchange carrier at the real property. The local exchange carriershall provide notice tothe commission that it is assuming the carrier-of-last-resort obligation. Thelocal exchange carrier may requirethat the owner or developer pay to the local exchange carrier in advance areasonable fee torecover costs that exceed the costs that would have been incurred to constructor acquire facilitiesto serve customers at the real property initially. The commission may verifythat the fee enables the local exchange carrier to recover its costs thatexceed the costs that would have been incurred to construct or acquirefacilities to serve customers at the real property initially, including, butnot limited to, amounts necessary to install or retrofit any facilities orequipment, to cut or trench sidewalks and streets and to restore roads,sidewalks, block walls or landscapes to original conditions. Thelocal exchangecarrier shall have areasonable period of time following the request from the owner or developer tomake arrangements for local telecommunications service availability.If a local exchange carrier is relieved of its carrier of last resortobligation under paragraph (2) or (4) of subsection (c), the owner or developershall notify all occupants and any subsequent owner of the specific realproperty of the following:(1) That the incumbent local exchange carrier does not have facilitiesinstalled to serve the specific real property, and that such carrier has beenrelieved of its carrier of last resort obligations; and(2) the name of the person that will be providing local telecommunicationsservice to the real property, and the type of technology that will be used toprovide such service.An incumbent local exchangecarrier may meet the carrier's obligations under this section using anyavailable alternative technology. If any conditions described in paragraph (2)or (4) of subsection (c) again exist at the real property, the relief inparagraph (2) or (4) of subsection (c) shall again apply.
(6) When real property is located in a greenfield area, a carrier of lastresort shall not automaticallybe excused from its obligations under paragraph (2) of subsection (c) unlessthe alternative serviceprovider possesses or shall possess at the time of commencement of service thecapability toprovide local telecommunications service or the functional equivalent of suchservice throughany form of technology.
(7) If an owner or developer of real property permits an alternative serviceprovider to install its facilities or equipment used to provide localtelecommunications service to such property based on a condition of exclusionof the localexchange carrier, the owner or developer must provide written notice to thepurchaser of any such real property that there is an exclusion of that localexchange carrier, and that the alternative service provider is the exclusiveprovider of service to such property.
History: L. 1996, ch. 268, § 10;L. 2008, ch. 122, § 3; July 1.
66-2009.Eligibility for KUSF funding; carrier oflast resort obligations.(a) Local exchange carriers that provided switched local exchange services inthe state prior to January 1,1996, or their successors, shall serve as the carrier of lastresort in their exchanges and shall be eligible to receive KUSFfunding. However, with respect to the Hill City exchange area inwhich multiple carriers were certified prior to January 1, 1996,the commission's determination, subject to court appeals, shalldetermine which authorized carrier shall serve as carrier of lastresort. The local exchange carrier serving as the carrier of lastresort shall remain the carrier of last resort and shall beentitled to recover the costs of serving as carrier of last resort.
(b) Beginning March 1, 1997, the amount of KUSF fundsowed to each qualifying telecommunications carrier,telecommunications public utility or wireless telecommunicationsservice provider in the state, based upon the revenuerequirements assigned to the funds for such qualifying utility,carrier or provider, shall be allocated by the fund administratorin equal monthly installments.
(c) (1) For the purposes of this subsection:
(A) "Alternative service provider" means any person or entity providing localtelecommunications services or any person or entityallowing anotherperson or entity to use its equipment or facilities to provide localtelecommunications servicesor any person or entity securing rights to select analternative serviceprovider for a property owner or developer, and does not include a localexchange carrierproviding service within its commission-approved local exchange service area.
(B) "Alternative technology" means any technology that offers localtelecommunications serviceand functionality comparable to that provided through an exiting alternativeservice provider'sfacilities, and may include a technology that does not require the use of anypublic right-of-way.
(C) "Greenfield area" means an area that requires entirely new constructionof local loops, inaddition to the deployment of any necessary switching and other networkequipment, to servenew real property developments.
(D) "Local telecommunications service" means two-way voice service capableof beingoriginated and terminated within a local exchange service area, regardless ofthe technology usedto provision the voice service.
(E) "Owner or developer" means the owner or developer of a business orresidential property,any condominium association or homeowners' association thereof, any otherperson or entity having ownership in, or control over, the property, or anyperson acting on behalf of such owneror developer.
(F) "Real property" includes, but is not limited to, any single tenant ormulti-tenant business orresidential property, subdivisions, condominiums, apartments, office buildingsor office parks.
(2) A local exchange carrier obligated by this section to serve as thecarrier of last resort ishereby relieved of that obligation, and shall not be obligatedto provide basiclocal telecommunications service to any occupants of real property if the owneror developer ofthe real property, or a person acting on behalf of the owner or developer ofreal property, engagesin any of the following acts:
(A) Permits an alternative service provider to install its facilitiesor equipment used toprovide local telecommunications servicebased on a condition ofexclusion of the localexchange carrier, during the construction phase of the real property;
(B) accepts or agrees to accept incentives or rewards from an alternativeservice provider that arecontingent upon the provision of any or all local telecommunicationsservicesby one or more alternative service providers to the exclusion of thelocal exchangecarrier; or
(C) collects from the occupants or residents of the real propertymandatory charges forthe provision of any local telecommunications serviceprovided by an alternative serviceprovider to the occupants or residents in any manner, including, but notlimited to, collectionthrough rent, fees or dues.
(3) The local exchange carrier relieved of its carrier of last resortobligation to provide basiclocal telecommunications service to the occupants of the real property,pursuant to subsection (c),shall notify the commission of that fact within120 days after receiving knowledge of the existence of such fact.
(4) A local exchange carrier that is not automatically relieved of itscarrier of last resortobligation pursuant to paragraph (2) of subsection (c) may seek a waiver of itscarrier of lastresort obligation from the commission for good cause shown based on the factsand circumstances of the provision of local telecommunications service orinternet access service to aparticular real property. Upon petition for such relief, notice shall be givenby the localexchange carrier at the same time to therelevant owner or developer. The commission shall make a determinationconcerning thepetition on or before 90 days after such petition is filed.
(5) If all conditions described in paragraph (2) or (4) of subsection (c)cease to exist at the property,and the owner or developer requests in writing that the local exchange carriermake localtelecommunications service available to occupants of the real propertyand confirms in writing thatall conditions described in paragraph (2) or (4) of subsection (c) have ceasedto exist at the property, the carrier of last resort obligation under thissection shall again applyto the local exchange carrier at the real property. The local exchange carriershall provide notice tothe commission that it is assuming the carrier-of-last-resort obligation. Thelocal exchange carrier may requirethat the owner or developer pay to the local exchange carrier in advance areasonable fee torecover costs that exceed the costs that would have been incurred to constructor acquire facilitiesto serve customers at the real property initially. The commission may verifythat the fee enables the local exchange carrier to recover its costs thatexceed the costs that would have been incurred to construct or acquirefacilities to serve customers at the real property initially, including, butnot limited to, amounts necessary to install or retrofit any facilities orequipment, to cut or trench sidewalks and streets and to restore roads,sidewalks, block walls or landscapes to original conditions. Thelocal exchangecarrier shall have areasonable period of time following the request from the owner or developer tomake arrangements for local telecommunications service availability.If a local exchange carrier is relieved of its carrier of last resortobligation under paragraph (2) or (4) of subsection (c), the owner or developershall notify all occupants and any subsequent owner of the specific realproperty of the following:(1) That the incumbent local exchange carrier does not have facilitiesinstalled to serve the specific real property, and that such carrier has beenrelieved of its carrier of last resort obligations; and(2) the name of the person that will be providing local telecommunicationsservice to the real property, and the type of technology that will be used toprovide such service.An incumbent local exchangecarrier may meet the carrier's obligations under this section using anyavailable alternative technology. If any conditions described in paragraph (2)or (4) of subsection (c) again exist at the real property, the relief inparagraph (2) or (4) of subsection (c) shall again apply.
(6) When real property is located in a greenfield area, a carrier of lastresort shall not automaticallybe excused from its obligations under paragraph (2) of subsection (c) unlessthe alternative serviceprovider possesses or shall possess at the time of commencement of service thecapability toprovide local telecommunications service or the functional equivalent of suchservice throughany form of technology.
(7) If an owner or developer of real property permits an alternative serviceprovider to install its facilities or equipment used to provide localtelecommunications service to such property based on a condition of exclusionof the localexchange carrier, the owner or developer must provide written notice to thepurchaser of any such real property that there is an exclusion of that localexchange carrier, and that the alternative service provider is the exclusiveprovider of service to such property.
History: L. 1996, ch. 268, § 10;L. 2008, ch. 122, § 3; July 1.
