2011 Kentucky Revised Statutes CHAPTER 278 PUBLIC SERVICE COMMISSION 278.5462 Broadband services not subject to state regulation -- Application of requirements of federal statutes and regulations -- Consumer complaints -- Telephone utility provision of service to competing local exchange.
KY Rev Stat § 278.5462 (1996 through Reg Sess) What's This?
278.5462 Broadband services not subject to state regulation -- Application of
requirements of federal statutes and regulations -- Consumer complaints -Telephone utility provision of service to competing local exchange.
(1)
(2)
(3)
(4)
The provision of broadband services shall be market-based and not subject to state
administrative regulation. Notwithstanding any other provision of law to the
contrary except as provided in subsections (3) and (4) of this section, no agency of
the state shall impose or implement any requirement upon a broadband service
provider with respect to the following:
(a) The availability of facilities or equipment used to provide broadband services;
or
(b) The rates, terms or conditions for, or entry into, the provision of broadband
service.
Any requirement imposed upon broadband service in existence as of July 15, 2004,
is hereby voided upon enactment of KRS 278.546 to 278.5462. The provisions of
this section do not limit or modify the duties of a local exchange carrier or an
affiliate of a local exchange carrier to provide unbundled access to network
elements or the commission's authority to arbitrate and enforce interconnection
agreements, including provisions related to remote terminals and central office
facilities, to the extent required under 47 U.S.C. secs. 251 and 252, and any
regulations issued by the Federal Communications Commission at rates determined
in accordance with the standards established by the Federal Communications
Commission pursuant to 47 C.F.R. secs. 51.503 to 51.513, inclusive of any
successor regulations. Nothing contained in KRS 278.546 to 278.5462 shall be
construed to preclude the application of access or other lawful rates and charges to
broadband providers. Nothing contained in KRS 278.546 to 278.5462 shall
preclude, with respect to broadband services, access for those service providers that
use or make use of the publicly switched network.
The commission shall have jurisdiction to investigate and resolve consumer service
complaints.
No telephone utility shall refuse to provide wholesale digital subscriber line service
to competing local exchange carriers on the same terms and conditions, filed in
tariff with the Federal Communications Commission, that it provides to Internet
service providers.
Effective: July 13, 2004
History: Created 2004 Ky. Acts ch. 167, sec. 3, effective July 13, 2004.
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