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Minutes for HB2237 - Committee on Energy, Utilities and Telecommunications

Short Title

Authorizing certain telecommunications and video service providers to operate within county public right-of-way.

Minutes Content for Thu, Feb 16, 2023

Chairperson Delperdang opened the hearing on HB2237.

Nick Myers provided an overview of the bill. (Attachment1). Mr. Myers responded to questions from committee members.

Chair recognized proponents for in person testimony as follows:

Ethan Kaplan, Ideatek (Attachment2) testified in support of the bill. Mr. Kaplan believes the bill would uniform access to right of way to include counties and their numerous road rights of way.  He said the bill would provide protection to counties like it does currently to cities against damages caused by a provider or subcontractor in the installation of its facilities in the right of way. He said in his experience most Kansas counties operate in a reasonable and partnership manner and are very reasonable in their fees when working with us in utilizing their right of ways, however they have had inconsistencies and barriers to over come in some.

Michael Ruffin, AT&T (Attachment3) testified in support of the bill. He said AT&T propose an amendment which would require any removal, adjustment or relocation of the providers facilities upon request by, and at not cost to, a municipality and require municipalities to give a minimum of 180 days advance, written notice to comply wit such requested removal, relocation or adjustment of the providers facilities.

Chair recognized neutral in person testimony as follows:

Megan Bottenberg, Cox Communications (Attachment4) testified as a neutral on the bill.  Ms. Bottenberg said Cox is the largest broadband provider in Kansas and have worked with city and county right of ways agreements. She said there are many new entrants in the Kansas market providing broadband services, some of these new entrants have different agreements, obligations and fees with units of government than do other incumbents or legacy providers. She agrees with the intent of the bill, each provider in the right of way, whether city or county, should be treated fairly and equally as any other entrant.

Chair recognized there were no opponent testimony.

All conferees responded to questions from the committee members.

Chairperson Delperdang closed the hearing on HB2237.