2013 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.
Download as PDF
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.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.