Internet Providers Support Kan. ROW Bill

The Kansas House Telecom Committee considered if counties should be covered by broadband infrastructure rules like those that apply to cities. The panel heard support for HB-2806 from ISPs at a livestreamed meeting Thursday. HB-2806 would allow telecom, broadband and video service providers to "construct, maintain and operate poles, conduit, cable, switches” and other facilities in counties’ rights of way (ROW). It would require counties to apply ROW access and permit processes “in a nondiscriminatory and competitively neutral manner to all similarly situated providers." That would include fees, required documents for permit applications, permitting time frames and waiver options, the bill said. "No county shall create, enact or erect any discriminatory, unreasonable condition, requirement or barrier for entry into or use of the public right-of-way by a provider." Counties could assess fees for construction permits, excavation and inspection only for reimbursing "the county's reasonable, actual and verifiable costs of managing the public right-of-way,” it said. The bill would also let counties assess repair costs for provider-caused ROW damage and require providers to furnish performance bonds. "We all want to be treated the same [and] fairly,” said Cox Director-Government Affairs Megan Bottenberg. But some Kansas communities have offered benefits to some providers and not others, she said. The “equity-based bill” stops excessive county taxes on broadband while giving explicit authority to collect repair costs for damages and require bonds, said IdeaTek co-founder Daniel Friesen. A rural county once tried to charge his company an excessive $20,000 in permit fees, he said. Requiring counties to explain how their fees are based on cost could reduce litigation, he said. AT&T Kansas State Director Darin Miller supported the bill in written testimony. Kansas Association of Counties General Counsel Jay Hall wrote that the bill's rules for counties would differ slightly from those for cities. "This is particularly important given that HB 2806 would take this issue out of local hands and make it a statewide standard,” Hall said. “If the standard is statewide, should the requirements for cities and counties match?"