66-1,187. Telecommunications public utility; definitions.

66-1,187

Chapter 66.--PUBLIC UTILITIES
Article 1.--POWERS OF STATE CORPORATION COMMISSION

      66-1,187.   Telecommunications public utility; definitions.As used in this act:

      (a)   "Broadband" means the transmission of digital signals atrates equal to or greater than 1.5 megabits per second.

      (b)   "CLASS services" means custom local area signalingservices, which include automatic callback, automatic recall,calling number identification, selective call rejection,selective call acceptance, selective call forwarding, distinctiveringing and customer originated trace.

      (c)   "Commission" means the state corporation commission.

      (d)   "Dialing parity" means that a person that is not anaffiliate of a local exchange carrier is able to providetelecommunications services in such a manner that customers havethe ability to route automatically, without the use of any accesscode, their telecommunications to the telecommunications carrierof the customer's designation from among two or moretelecommunications carriers, including such local exchangecarrier.

      (e)   "Federal act" means the federal telecommunications actof 1996, P.L. 104-104 (amending the communications act of 1934,47 U.S.C. 151, et seq.)

      (f)   "ISDN" means integrated services digital network whichis a network and associated technology that provides simultaneousvoice and data communications over a single communicationschannel.

      (g)   "LATA" has the meaning ascribed to it in the federalact.

      (h)   "Local exchange carrier" means any telecommunicationspublic utility or its successor providing switchedtelecommunications service within any local exchange servicearea, as approved by the commission on or before January 1, 1996.However, with respect to the Hill City exchange area, in whichmultiple carriers were certified by the commission prior toJanuary 1, 1996, the commission's determination, subject to anycourt appeals, of which authorized carrier shall serve as thecarrier of last resort will determine which carrier shall bedeemed the local exchange carrier for that exchange.

      (i)   "Number portability" has the meaning ascribed to it inthe federal act.

      (j)   "1+ intraLATA dialing parity" means the ability of alocal exchange service customer to specify the telecommunicationsor local exchange carrier that will carry the intraLATA longdistance messages when that customer dials either "1" or "0" plusa 10-digit number.

      (k)   "Operating area" means:

      (1)   In the case of a rural telephone company, operating areaor service area means such company's study area or areas asapproved by the federal communications commission;

      (2)   in the case of a local exchange carrier, other than arural telephone company, operating area or service area meanssuch carrier's local exchange service area or areas as approvedby the commission.

      (l)   "Rural telephone company" has the meaning ascribed to itin the federal act, excluding any local exchange carrier whichtogether with all of its affiliates has 20,000 or more accesslines in the state.

      (m)   "Telecommunications carrier" means a corporation,company, individual, association of persons, their trustees,lessees or receivers that provides a telecommunications service,including, but not limited to, interexchange carriers andcompetitive access providers, but not including local exchangecarriers certified before January 1, 1996.

      (n)   "Telecommunications public utility" means any publicutility, asdefined in K.S.A. 66-104, and amendments thereto, which owns,controls, operates or manages any equipment, plant or generatingmachinery, or any part thereof, for the transmission of telephonemessages, as defined in K.S.A. 66-104, and amendments thereto, orthe provision of telecommunications services in orthroughout any part of Kansas.

      (o)   "Telecommunications service" means the provision of aservice for the transmission of telephone messages, or two-wayvideo or data messages.

      (p)   "Universal service" means telecommunications servicesand facilities which include: single party, two-way voice gradecalling; stored program controlled switching with verticalservice capability; E911 capability; tone dialing; access tooperator services; access to directory assistance; and equalaccess to long distance services.

      (q)   "Enhanced universal service" means telecommunicationsservices, in addition to those included in universal service,which shall include: Signaling system seven capability, withCLASS service capability; basic and primary rate ISDN capability,or the technological equivalent; full-fiber interconnectivity,or the technological equivalent, between central offices; andbroadband capable facilities to: All schools accredited pursuantto K.S.A. 72-1101 et seq., and amendments thereto; hospitals asdefined in K.S.A. 65-425, and amendments thereto; publiclibraries; and state and local government facilities whichrequest broadband services.

      History:   L. 1985, ch. 225, § 2;L. 1996, ch. 268, § 2; July 1.