State Codes and Statutes

Statutes > Kansas > Chapter66 > Article20 > Statutes_28138

66-2011

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

      66-2011.   Internet access.(a) As used in this section, "the internet" means the international network ofinterconnected government, educational, and commercial computer networks. An"internet service provider" means an entity that provides end user access tothe internet. Nothing in this section shall be construed to mean that thecommission has any regulatory jurisdiction over internet service providers. Theprovisions of this section apply only to those locations of the state wherelocal (7-digit) internet access, which supports at least 14.4 kilobits persecond service with no more than 5% blockage during the busiest hour of theservice, is not available on or after October 1, 1996.

      (b)   On or after July 1, 1996 and prior to October 1, 1996, rural telephonecompanies shall file concurring tariffs to offer internet access in locationsidentified in subsection (a) to an intraLATA internet service provider of thecustomer's choice. All rural telephone companies, including local exchangecarriers pursuant to subsection (c), shall provide dial-up access to support atleast 14.4 kilobit per second service ubiquitously throughout the exchangeservice area, with 19.2 kilobit per second service on and after July 1, 1999.The commission shall increase the 19.2 kilobit per second requirement when thecommission determines that more advanced technology is both technically andeconomically feasible.

      (c)   On or after July 1, 1996 and prior to October 1, 1996, alllocal exchange carriers, other than rural telephone companies,shall file tariffs with the commission for two flat-rate dial-upplans, which would provide internet access in locations identifiedin subsection (a) to an intraLATA internet service provider of thecustomer's choice. All such plans shall be approved by thecommission if they meet the criteria established in this section.The first plan includes: (1) For off-peak users, a monthly rate ofnot more than $15 per line for the hours of 5 p.m. through 7:59a.m. weekdays and all hours on weekends and federal holidays. Callsplaced outside this specified off-peak period shall be billed atprevailing toll rates. (2) For unlimited usage, the rate shall notexceed $30 per line per month. The commission shall waiveimputation considerations in reviewing and approving these serviceofferings.

      (d)   If a location was previously eligible for the plans provided insubsection (c) and a new internet service provider establishes a local presencein that location, the local exchange carrier serving the location shall:

      (1)   Notify all subscribers of the discounted internet access service that alocal internet service provider is now available;

      (2)   continue to make the discounted internet access service available toexisting subscribers of such service with no deterioration of such service; and

      (3)   allow no new subscribers of the discounted internet access service.

      (e)   Nothing in this section shall be construed to imply that the commissionhas any regulatory jurisdiction over the internet or internet service providerswith respect to quality of service, rates, billing and collection practices,end-to-end bandwidth, technical support or any other aspects of the business ofproviding internet access service.However, the commission shall monitor the adequacy of connectivity to internetservice providers. Upon complaints of inadequate access, commission staff shallrequest a seven-day traffic busy line study from the local exchange carrierserving the internet service provider. Commission staff shall analyze the studyresults to determine whether there is more than 5% access blockage and shallprovide the analysis to the internet service provider for consideration andpossible action. If the analysis indicates a need for additional capacity andthe internet service provider fails to take a corrective action within 45 daysafter the analysis is provided to such provider by the commission staff, theinternet service provider shall be removed from the commission's internetservice provider registry and subscribers of such internet service subscribershall be eligible for the plans provided in subsection (c) if there is no otherlocal internet service provider serving the location.

      (f)   All internet service providers operating in the stateshall register with the commission. Such registration shall includethe name of the internet service provider and the provider'saddress, contact name, phone number, and access line numbers. Thisinformation shall be maintained by the commissionat the commission's internet home page (https://www.kcc.state.ks.us). Thisinformation shall be used to determine a requesting customer's eligibility forthe plans provided in subsection (c) and to provide a single authoritativelisting of internet service provider access numbers for local exchange carriersto use in processing service orders. Absent complaints to commission staff,internet service providers shall be assumed to provide service with 5% or lessaccess blockage upon registration. If, upon complaint and subsequentinvestigation, access blockage is determined to exceed 5%, the provider shallbe removed from the commission's registry.

      (g)   During the 1999 session of the Kansas legislature, thecommission shall transmit a report to the chairperson,vice-chairperson and ranking minority member of the house standingcommittee on energy and natural resources [*], the senate standingcommittee on transportation and utilities [**] and the joint committeeon computers and telecommunications [***] concerning implementation ofthis section. The report shall include recommendations forrevisions in this section necessitated by technological innovationor market changes in the telecommunications industry. The reportalso may include an expiration date for this section.

      History:   L. 1996, ch. 268, § 12;L. 1998, ch. 138, § 3; June 4.

State Codes and Statutes

Statutes > Kansas > Chapter66 > Article20 > Statutes_28138

66-2011

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

      66-2011.   Internet access.(a) As used in this section, "the internet" means the international network ofinterconnected government, educational, and commercial computer networks. An"internet service provider" means an entity that provides end user access tothe internet. Nothing in this section shall be construed to mean that thecommission has any regulatory jurisdiction over internet service providers. Theprovisions of this section apply only to those locations of the state wherelocal (7-digit) internet access, which supports at least 14.4 kilobits persecond service with no more than 5% blockage during the busiest hour of theservice, is not available on or after October 1, 1996.

      (b)   On or after July 1, 1996 and prior to October 1, 1996, rural telephonecompanies shall file concurring tariffs to offer internet access in locationsidentified in subsection (a) to an intraLATA internet service provider of thecustomer's choice. All rural telephone companies, including local exchangecarriers pursuant to subsection (c), shall provide dial-up access to support atleast 14.4 kilobit per second service ubiquitously throughout the exchangeservice area, with 19.2 kilobit per second service on and after July 1, 1999.The commission shall increase the 19.2 kilobit per second requirement when thecommission determines that more advanced technology is both technically andeconomically feasible.

      (c)   On or after July 1, 1996 and prior to October 1, 1996, alllocal exchange carriers, other than rural telephone companies,shall file tariffs with the commission for two flat-rate dial-upplans, which would provide internet access in locations identifiedin subsection (a) to an intraLATA internet service provider of thecustomer's choice. All such plans shall be approved by thecommission if they meet the criteria established in this section.The first plan includes: (1) For off-peak users, a monthly rate ofnot more than $15 per line for the hours of 5 p.m. through 7:59a.m. weekdays and all hours on weekends and federal holidays. Callsplaced outside this specified off-peak period shall be billed atprevailing toll rates. (2) For unlimited usage, the rate shall notexceed $30 per line per month. The commission shall waiveimputation considerations in reviewing and approving these serviceofferings.

      (d)   If a location was previously eligible for the plans provided insubsection (c) and a new internet service provider establishes a local presencein that location, the local exchange carrier serving the location shall:

      (1)   Notify all subscribers of the discounted internet access service that alocal internet service provider is now available;

      (2)   continue to make the discounted internet access service available toexisting subscribers of such service with no deterioration of such service; and

      (3)   allow no new subscribers of the discounted internet access service.

      (e)   Nothing in this section shall be construed to imply that the commissionhas any regulatory jurisdiction over the internet or internet service providerswith respect to quality of service, rates, billing and collection practices,end-to-end bandwidth, technical support or any other aspects of the business ofproviding internet access service.However, the commission shall monitor the adequacy of connectivity to internetservice providers. Upon complaints of inadequate access, commission staff shallrequest a seven-day traffic busy line study from the local exchange carrierserving the internet service provider. Commission staff shall analyze the studyresults to determine whether there is more than 5% access blockage and shallprovide the analysis to the internet service provider for consideration andpossible action. If the analysis indicates a need for additional capacity andthe internet service provider fails to take a corrective action within 45 daysafter the analysis is provided to such provider by the commission staff, theinternet service provider shall be removed from the commission's internetservice provider registry and subscribers of such internet service subscribershall be eligible for the plans provided in subsection (c) if there is no otherlocal internet service provider serving the location.

      (f)   All internet service providers operating in the stateshall register with the commission. Such registration shall includethe name of the internet service provider and the provider'saddress, contact name, phone number, and access line numbers. Thisinformation shall be maintained by the commissionat the commission's internet home page (https://www.kcc.state.ks.us). Thisinformation shall be used to determine a requesting customer's eligibility forthe plans provided in subsection (c) and to provide a single authoritativelisting of internet service provider access numbers for local exchange carriersto use in processing service orders. Absent complaints to commission staff,internet service providers shall be assumed to provide service with 5% or lessaccess blockage upon registration. If, upon complaint and subsequentinvestigation, access blockage is determined to exceed 5%, the provider shallbe removed from the commission's registry.

      (g)   During the 1999 session of the Kansas legislature, thecommission shall transmit a report to the chairperson,vice-chairperson and ranking minority member of the house standingcommittee on energy and natural resources [*], the senate standingcommittee on transportation and utilities [**] and the joint committeeon computers and telecommunications [***] concerning implementation ofthis section. The report shall include recommendations forrevisions in this section necessitated by technological innovationor market changes in the telecommunications industry. The reportalso may include an expiration date for this section.

      History:   L. 1996, ch. 268, § 12;L. 1998, ch. 138, § 3; June 4.


State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter66 > Article20 > Statutes_28138

66-2011

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

      66-2011.   Internet access.(a) As used in this section, "the internet" means the international network ofinterconnected government, educational, and commercial computer networks. An"internet service provider" means an entity that provides end user access tothe internet. Nothing in this section shall be construed to mean that thecommission has any regulatory jurisdiction over internet service providers. Theprovisions of this section apply only to those locations of the state wherelocal (7-digit) internet access, which supports at least 14.4 kilobits persecond service with no more than 5% blockage during the busiest hour of theservice, is not available on or after October 1, 1996.

      (b)   On or after July 1, 1996 and prior to October 1, 1996, rural telephonecompanies shall file concurring tariffs to offer internet access in locationsidentified in subsection (a) to an intraLATA internet service provider of thecustomer's choice. All rural telephone companies, including local exchangecarriers pursuant to subsection (c), shall provide dial-up access to support atleast 14.4 kilobit per second service ubiquitously throughout the exchangeservice area, with 19.2 kilobit per second service on and after July 1, 1999.The commission shall increase the 19.2 kilobit per second requirement when thecommission determines that more advanced technology is both technically andeconomically feasible.

      (c)   On or after July 1, 1996 and prior to October 1, 1996, alllocal exchange carriers, other than rural telephone companies,shall file tariffs with the commission for two flat-rate dial-upplans, which would provide internet access in locations identifiedin subsection (a) to an intraLATA internet service provider of thecustomer's choice. All such plans shall be approved by thecommission if they meet the criteria established in this section.The first plan includes: (1) For off-peak users, a monthly rate ofnot more than $15 per line for the hours of 5 p.m. through 7:59a.m. weekdays and all hours on weekends and federal holidays. Callsplaced outside this specified off-peak period shall be billed atprevailing toll rates. (2) For unlimited usage, the rate shall notexceed $30 per line per month. The commission shall waiveimputation considerations in reviewing and approving these serviceofferings.

      (d)   If a location was previously eligible for the plans provided insubsection (c) and a new internet service provider establishes a local presencein that location, the local exchange carrier serving the location shall:

      (1)   Notify all subscribers of the discounted internet access service that alocal internet service provider is now available;

      (2)   continue to make the discounted internet access service available toexisting subscribers of such service with no deterioration of such service; and

      (3)   allow no new subscribers of the discounted internet access service.

      (e)   Nothing in this section shall be construed to imply that the commissionhas any regulatory jurisdiction over the internet or internet service providerswith respect to quality of service, rates, billing and collection practices,end-to-end bandwidth, technical support or any other aspects of the business ofproviding internet access service.However, the commission shall monitor the adequacy of connectivity to internetservice providers. Upon complaints of inadequate access, commission staff shallrequest a seven-day traffic busy line study from the local exchange carrierserving the internet service provider. Commission staff shall analyze the studyresults to determine whether there is more than 5% access blockage and shallprovide the analysis to the internet service provider for consideration andpossible action. If the analysis indicates a need for additional capacity andthe internet service provider fails to take a corrective action within 45 daysafter the analysis is provided to such provider by the commission staff, theinternet service provider shall be removed from the commission's internetservice provider registry and subscribers of such internet service subscribershall be eligible for the plans provided in subsection (c) if there is no otherlocal internet service provider serving the location.

      (f)   All internet service providers operating in the stateshall register with the commission. Such registration shall includethe name of the internet service provider and the provider'saddress, contact name, phone number, and access line numbers. Thisinformation shall be maintained by the commissionat the commission's internet home page (https://www.kcc.state.ks.us). Thisinformation shall be used to determine a requesting customer's eligibility forthe plans provided in subsection (c) and to provide a single authoritativelisting of internet service provider access numbers for local exchange carriersto use in processing service orders. Absent complaints to commission staff,internet service providers shall be assumed to provide service with 5% or lessaccess blockage upon registration. If, upon complaint and subsequentinvestigation, access blockage is determined to exceed 5%, the provider shallbe removed from the commission's registry.

      (g)   During the 1999 session of the Kansas legislature, thecommission shall transmit a report to the chairperson,vice-chairperson and ranking minority member of the house standingcommittee on energy and natural resources [*], the senate standingcommittee on transportation and utilities [**] and the joint committeeon computers and telecommunications [***] concerning implementation ofthis section. The report shall include recommendations forrevisions in this section necessitated by technological innovationor market changes in the telecommunications industry. The reportalso may include an expiration date for this section.

      History:   L. 1996, ch. 268, § 12;L. 1998, ch. 138, § 3; June 4.