Senate Sub. for HB 2018 amends the Video Competition Act (Act) to prohibit municipalities from imposing additional requirements for the deployment of micro wireless facilities in the public right-of-way and to allow a municipality to require compliance with certain standards.
The bill adds the following definitions to the Act:
- “Communications service” means information service or telecommunications service as defined in 47 U.S.C § 153; and
- “Micro wireless facility” means equipment at a fixed location that is:
- Installed on cables that are owned and operated by a video service provider between utility poles, as defined in KSA 66-2019;
- Used to provide communications services; and
- Not larger in dimensions than 24 inches in length, 15 inches in width, and 12 inches in height, and does not have any associated exterior antenna longer than 11½ inches.
The definition of the term “video service” is amended to specify the term will not include any video programming provided by a commercial mobile service provider, as defined in 47 U.S.C § 332(d), unless such programming is determined by the Federal Communications Commission to be cable service.
Changes to Prohibited Activities Under the Act
The bill clarifies which activities a municipality, defined as a city or county under the Act, is prohibited from engaging in regarding the holder of a state-issued video service authorization, and also prohibits a municipality from:
- Imposing any fee, tax, or charge other than any applicable federal and state taxes or the Video Service Provider Fee found in KSA 2019 Supp. 12-2024 [Note: The bill removes similar language in law that addresses gross tax receipts and fees associated with the Act.];
- Requiring the holder of a state-issued video service authorization to obtain any additional authorization or license for the provision of communications service over a holder’s network; and
- Requiring a video service provider to make an application or pay any fee, license, tax, or rent for the installation, placement, maintenance, operation, or replacement of a micro wireless facility.
Compliance with Certain Standards for Deployment
The bill authorizes a municipality to require the holder of a state-issued video service authorization to comply with the National Electrical Safety Code and all industry-recognized engineering safety standards.
The bill clarifies that nothing in the Act prohibits a municipality from assessing the Video Service Provider Fee or rates or enforcing any regulations pursuant to law relating to wireless infrastructure siting found in KSA 66-2019.
The bill also clarifies nothing in the bill should be construed to prohibit a cooperative or the owner of a utility pole from setting rates, fees, terms, and conditions of any pole attachment agreement with an authorized video service provider.
The bill amends a provision in the Act governing the requirements of an application for a state-issued video service authorization to add taxes to the list of items with which an applicant must comply.