66-104a. Certain telephone utilities not subject to commission jurisdiction; conditions.
66-104a
66-104a. Certain telephone utilities not subject to commission jurisdiction;conditions.(a) Except as otherwise provided in subsection (b), no telephone publicutility shall be subject to the jurisdiction, regulation, supervisionand control of the state corporation commission if it meets the followingconditions: (1) The original cost of its telephone public utility facilitieslocated in this state constitutes less than 1% of the totaloriginal cost of all its telephone public utility facilities located everywhere,(2) the telephone public utility does not have a central office in thisstate, (3) the telephone public utility is subject to the jurisdiction,regulation, supervision and control of a regulatory agency existing underthe laws of any state bordering upon this state, (4) the telephone publicutility certifies to the state corporation commission that a regulatorycommission of a bordering state has asserted jurisdiction, regulation, supervisionand control over its telephonic operations, and (5) customers of the telephonepublic utility in this state are charged the same rates and are providedservice under the same terms and conditions as are its customers locatedin similar areas in a bordering state.
(b) The state corporation commission shall retain such jurisdiction andcontrol over any such telephone public utilitynecessary to insure compliance with the condition that customers of thetelephone public utility in this state are provided service under the sameterms and conditions as are its customers located in similar areas of abordering state and may, in its discretion, require any such utility tofurnish copies of documents filed with the appropriate regulatory agencyof the appropriate bordering state which demonstrate its compliance withsuch condition. Also, any such telephone public utility shall be subjectto such orders on industry practices and quality of service asthe state corporation commissionmay from time to time promulgate.
(c) The service of a telephone public utility, otherwise authorizedto transact business pursuant to K.S.A. 66-131 and amendments thereto, relatingto the provision of radio communication, including cellular radio, whichis one-way, two-way or multiple, between mobile and base stations, betweenmobile and land stations, including land line telephones, between mobilestations or between land stations, shall not be subject to the jurisdiction,regulation, supervision and control of the state corporation commission.
History: L. 1980, ch. 199, § 1;L. 1985, ch. 224, § 2;L. 1987, ch. 256, § 1;L. 1988, ch. 264, § 1; July 1.